Steve, I'm not at all convinced that Justice Ginsburg can gather another five Justices to decide to hear the case. The question on the table then might be: by refusing to even hear the case, will SCOTUS have done all that it should to defend the Constitution and our rule of law?

SCOTUS can't (and doesn't) choose to hear every case that is appealed to them. They aren't often criticized for failing to exercise their Constitutional responsibilities in the cases they decline to hear--why would they be in this one? Just because it's high profile?