As a postscript to my September 27 post on issue certification, in which I suggested that issue certification can undermine the intent of Rule 23(a) and (b), on October 1, the Supreme Court declined, without comment, to review the Seventh Circuit’s decision to allow issue certification in McReynolds v. Merrill Lynch, 672 F.3d 482 (7th Cir. 2012). Judge Posner’s decision in the McReynolds case is important because the facts in Wal-Mart Stores, Inc. v. Dukes and McReynolds are quite similar. To the extent that Judge Posner’s decision in the McReynolds case can be seen as a way to get around the Wal-Mart decision, the Supreme Court’s denial of certiorari review allows a Circuit court decision to stand that appears, at least superficially, to be contrary to Wal-Mart. In the broader class action arena, it means that the problem of issue certification will not be resolved as of yet by the Supreme Court. If McReynolds and recent district court cases are any indication, the debate over issue certification will continue to be played put in the lower courts, perhaps to a greater extent now that the Supreme Court is not yet weighing in on the debate.