Something must have been getting close for the DOJ throwing their two cents in on Monday of this week when the case has been there since April. If the SC was going to punt it, why didn't they do it back then?
Because they get so many petitions. As I said, as many as 8,000 a year. The justices themselves don't normally read the petitions; the clerks or other staffers evaluate them and choose the lucky contestants. Probably the most controversial are discussed by the justices, formally or informally. But there are some specific things the staffers will be looking for. One is that the case raises a constitutional question.
Does Maxwell's? I haven't read any of the filings, but I'd be curious to know if it does, and, if so, what the question would be.