[TigersEye]

Let’s hope a court of competent jurisdiction sees it that way.

I hope so too. But doesn't that depend on the case being presented to a court properly in several different respects? Principle, precedent, plaintiff standing etc? I'm afraid that people will believe that a refusal to hear a given case means that the merits of the case have been disproven.

[fightinJAG]

You are exactly right. Especially at the SCOTUS, a denial of cert. doesn’t mean there is no “there” there. It may simply mean the case doesn’t meet the various standards for review.

Here, the SCOTUS might have the option of returning the case to the lower court in NJ and directing them to interpret the NJ statute and find facts on whether the SOS complied with it. This possibly would provide the SCOTUS with a decision amenable to review.