I posted this,

The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently.

http://www.agoracom.com/ir/patriot/messages/602094#message

I believe that the ACP argument is included, in part, in some of the Pacers, but imagine the delay to the "Rocket Docket" if it has to be taken to the Supreme Court.

Be well