That issue, although decided by the Second Circuit, was not included within the question on which certiorari was granted, and, as the Court points out, was not briefed or argued here.
The Third Circuit was the court who made the decision.
mnli hypothesis: The Third Circuit was the court who made the decision. premise: That issue, although decided by the Second Circuit, was not included within the question on which certiorari was granted, and, as the Court points out, was not briefed or argued here.