I mean that’s the only way anything gets to the Supreme Court. “Court of review, not if first view” and all that. They’re not structurally or practically equipped to preside over the early phases of questions like that
This just sounds like a convenient shield/excuse (not by you specifically) for them to drop grenades into our society without any consideration for the damage when it’s convenient for their politics. They have absolutely had no issue expanding the discussions/interpretation when the 6-3 partisan majority gets to side with general GOP values and policy aims. How else could we explain Thomas bringing up Obergfell during Dobbs?