This court needs to deal with this. Maybe next year with a different case. They had no problem jumping in to cases about the treatment of foreign prisoners at us facilities in the Bush years and helped sort out allowable and disallowed practices. The same should be true here. Lines need to be drawn and the bureaucracy is not doing it effectively.
The 4th paragraph in the article says it all ... SCOTUS normally doesn’t accept cases that haven’t gone through the lower courts. Wouldn’t read anything more into it than that.