I am only guessing but I bet our Legal Team does not have someone certified to appear in front of the Supreme Court. Which is good as they will have to get a good Lawyer.
‘stockbetter’ points out in #msg-81682590 that the opinion of the US Solicitor General on Classen has some bearing on whether MNTA’s case is granted cert:
The SC invited the US Justice Dept's Solicitor General to express its views on taking up the case. That was back in June. I just checked the Solicitor General's website, and so far the SG has not responded to the SC's "invitation". Today's rehearing denial may open the door for the SG to issue its views.