I sense the Justices -- or perhaps the conservative members -- are "holding back" on this issue for now, until they see at least one more retirement/replacement. That will increase the likelihood that the decision will "go the right way".
Also, was the MD case the only one "coming up" from below on this particular issue?
Sometimes the Court will wait until there are at least one or two more similar cases from other jurisdictions -- or, conflicting decisions from different appellate districts.
I sense the Court -will- adjudicate on this, eventually.
The time isn't quite right yet.