OK, I’m one of those who was hoping SCOTUS would take this on and deal a major blow to registries, but now I also see what you are saying, Robin.
I guess my real reason for thinking it would be good for them to grant cert is that perhaps the justices, Kennedy among them, have since realized that they decided Smith with 1) grossly over-generalized falsehoods and 2) incorrect assumptions about the registries effectiveness. It seemed that this case would finally allow them to correct the issue. It wouldn’t be the first time the Supreme Court has corrected an earlier error.
Sometimes I spend too much time in Sweet Dream Land. *sigh*