I Refuse to Grant Cert, So I Won't Have to Think About It.

There are lots of circuit splits whre the court says, i just don't feel like granting it anyway. And vice versa, lots of non circuit splits whe the court ays, whal, i want to grant so e. But it's the supreme court that decides whether whether they're likely to grant the petition. That decision is itself very discretionary. The courts has not always taken full advantage of its discretion in this area but i think it's doing so more often.