YOUGOTMOSSED
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No, it doesn't. SCOTUS denying cert lets the lower court decision stand but does not create any nationwide rule or precedent.
If CA2 upholds Berman and SCOTUS denies cert, only courts in the Second Circuit are bound by the precedent. Courts elsewhere in the country are free to ignore it. By contrast, if SCOTUS took the case and upheld CA2 upholding Berman all courts in the country would have to follow that precedent.
It won't change existing USSC precedent on law the shop. That's all I meant. I'm assuming there is USSC precedent that acknowledges it.