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[–] Chupwn 0 points 1 point (+1|-0) ago 

I don't believe the case would be able to go to the supreme court because in order for the supreme court to hear a case, it has to have and effect on one person in particular. I'm not a government expert though, so don't take my word for it.

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[–] flyawayhigh [S] ago 

It's a reasonable point. For a case to go to court, a whole bunch of jurisdictional questions must be determined. You are thinking of things like the power of the court to decide the type of matter, an actual case or controversy, a personal state in the outcome for the parties, etc. And then there are exceptions to these rules.

These are complicated rules and they may bend to the will of the court. Thus the language "I wouldn't be surprised." :)