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[LessinSF]

Originally Posted by Tyrone Slothrop

Pretty sure this Court doesn't need to accept a case. They can just issue a ruling sue sponte.

Did you see this in Justice Kagan's majority decision in an otherwise boring Supreme Court decision (Helix Energy Solutions Group, Inc. v. Hewitt) last Wednesday?

. . . Helix did not raise that argument in the courts below. Following our usual practice, we therefore decline to address its merits. See, e.g., Kingdomware Technologies, Inc. v. United States, 579 U. S. 162, 173 (2016); see post, at 2 (GORSUCH, J., dissenting) (agreeing that Helix "failed to raise" the argument, and also declining to express a view of its merits); but cf. post, at 4–5 (KAVANAUGH, J., dissenting) (recognizing that the argument may be forfeited, but opining on it anyway).

Ha!