None of that suggests the Supreme Court will take up this case. It’s not like there’s a debate about the constitutionality of “In God We Trust” in the lower courts. It’s not a pressing matter. It’s not like there’s public pressure for this to be resolved in a different way. It’s just hard to imagine they’ll give this further consideration when every other judge has already ruled pretty decisively against Mayle.
That doesn’t mean he’s wrong on principle. Only that this legal approach seems like a long shot.