If SCOTUS was just going to auto-kill the case, why didn't they advertise it ahead of time? Roberts could have released a statement saying "look guys, we're not trying to take this case on. You need to settle it with the states because this is not our business"
That would have put pressure on both sides to settle it in litigation.
The fact that SCOTUS didn't do that small thing tells us something.
Not sure what yet though.