????  I think I replied with a basic variant of "I don't know how they would rule, didn't I?    Is "I don't know" an acceptable answer? 
  
How would the Supreme court rule Peter?  
Here is the answer: 
The SC would not rule on this. They use a system of precedents and there are none for this (as far as I know--correct me if I am wrong here. Maybe Mattp can set me straight if I am totally missing the ball here).   
  
The Supreme Court is an appellate court as you indicate.  A case has to come up through the court system for them to hear a case, and they choose whether to hear it or not.  The Supreme Court does rule on precedent, but *can* reverse a precedent, although they are averse to doing so.  If there is no precedent, they can establish one.