Quote:
Originally Posted by pwalker8
It could simple be a case where they thought that it would be that without Scalia, it would have been a 4-4 decision or they simply didn't want to address the issue with so many other things in front of them.
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This is highly unlikely. It only takes 4 justices to agree to grant cert, which means at most only 3 current justices found significant merit in Apple’s argument. Assuming Scalia would have agreed with Apple, that would make it just 4 justices (at most) on Apple’s side. So, if Scalia had been there, at best Apple might have had its case heard, but, ultimately, it appears they still would have lost in the end.