They may CHOOSE not to take the case for any UNSTATED reason as they do with the vast majority of cases. This case will be taken up. Only 4 judges need to vote YEA. Scalia, Thomas, Rehnquist, and O'Connor, who was the most obviously miffed during Bush v Gore, will vote in the affimative.
Do you know if there is any truth to the FNC report that the USSC asked the Dems for a written response to the Rep. petition?