SCOTUS did just that in regards to various marriage equality cases attempting to be reviewed by SCOTUS.
Just as we saw in several NFL games this past weekend, a punt can be a wonderful thing, for either team. In the case of marriage equality, it is now legal for same-sex couples to get married in 24 states and the District of Columbia and in a very short time, it will be legal in 30 and Washington D.C. That is incredible field position for advocates of marriage equality, such as myself. In essence, to further push the football analogy, with the punt from SCOTUS, anti-marriage equality forces are stuck on their own 10 yard line with two minutes left on the clock, only one time out left , down by nine points and their quarterback is playing injured.
But, as we also saw this past weekend, the fortunes of any team can be turned around in the last two minutes. So we need to watchful of the decision soon to come out of the 6th Circuit Court of Appeals, which could be the first appellate decision against marriage equality. If that is the case, SCOTUS will most likely need to take up the issue of marriage equality for a full hearing. I just hope it doesn't come down to the that.