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As I've replied both at CGN and MDShooter, it's what "Fabio" doesn't say that counts.
A question that is certified by a CCA (as rare as it may be), must be answered by the Supreme Court. The choice that Court gets (the "may" part) is whether or not they answer the question in a binding interpretation or if they pull the entire case in to be decided (the "or" part).
This isn't a petition seeking certification (essentially what certiorari means), it is a direct certified question that must be answered.
As to why Gura inserted this tidbit, we can only speculate at this point.
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