Second, dummy, one of the things that makes a case cert-worthy is its precedential effect.
Although most arbitration cases lack precedential value, you can imagine that tech-IPO underwriters will be hearing from lawyers for other investors who lost bundles.
So rather than make a 5-4 decision with enormous precedential weight and uncertain political implications, the Court sent the whole "protest"-phase mess back to the Florida .
Elena Kagan in Keen News Service Kagan said she thinks the dismissal has "some precedential weight but not the weight of a normal decision" which has been fully briefed and argued before the high court. "What weight would you give Baker v. Nelson?"
Thomas M Davis in CQPolitics.com We want to have a winning case,Davis said. "This is precedential institutionally and I think we want to be very, very careful as we move ahead."