SCOTUS won’t review divided Supreme Court public benefits opinion that the Solicitor General said is wrong

The U.S. Supreme Court today denied the certiorari petition in Marin Housing Authority v. Reilly.  The Housing Authority was seeking review of the California Supreme Court’s 4-3 decision, filed over 15 months ago, in Reilly v. Marin Housing Authority (2020) 10 Cal.5th 583 that requires increased assistance for a family under the federal Section 8 Housing Choice Voucher program.

At the U.S. Supreme Court’s request, the U.S. Solicitor General last month filed a brief regarding certiorari.  The SG asserted the California Supreme Court majority incorrectly interpreted federal law, but recommended against high court review because, she said, ongoing federal rulemaking made the question presented “of limited and diminishing importance.”