He’s just saying that he’s not talking about any other issue than whether or not to grant cert; on whether or not to hear the case. He & Thomas think they should, since the Constitution specifically gives SCOTUS original jurisdiction over a state suing another state.
It doesn’t seem like he’s dropping hints about what would’ve been more on point to get cert. He’s saying this should have been it.
He’s just saying that he’s not talking about any other issue than whether or not to grant cert; on whether or not to hear the case. He & Thomas think they should, since the Constitution specifically gives SCOTUS original jurisdiction over a state suing another state.
It doesn’t seem like he’s dropping hints about what would’ve been more on point to get cert. He’s saying this should have been it.