Comment by semiquaver

  > The Supreme Court declining to take up an issue is taking a position.

No it is not.

  > “The denial of a writ of certiorari imports no expression of opinion upon the merits of the case, as the bar has been told many times.”

United States v. Carver, 260 U. S. 482, 490 (1923).

Moreover, SCOTUS does not decide issues, they decide cases.

  > “We are acutely aware, however, that we sit to decide concrete cases, and not abstract propositions of law.”

Upjohn Co. v. United States, 449 U. S. 383, 386 (1981).