They have already refused to issue an injunction several times. I doubt that there will be any further discussion.
Berg
http://origin.www.supremecourtus.gov/docket/08-570.htm
Donofrio
http://origin.www.supremecourtus.gov/docket/08a407.htm
Wrotnowski
http://origin.www.supremecourtus.gov/docket/08a469.htm
On Jan. 16 the application for injunction will be denied for the third time
Berg filed an application for an injunction. Application (08A391)
First it was denied by Souter on 11/3
Berg re-filed (08A505) and asked Kennedy to consider it. On Dec. 17, the application was "distributed for conference" to be held on Jan. 9. Then on the same day Kennedy decided to deny the application immediately. So nothing is going to happen on Jan. 9.
Then Berg re-filed the application for a third time; this time with Scalia. Now if the application had any merit, Scalia could have granted a temporary injunction; or he could have denied it like Souter and Kennedy, but he did not. Instead he referred it to the whole court for review on Jan. 16, probably because Scalia knew that if he simply denied it, Berg would just pick another judge and re-file it again to prolong his charade. When the whole court denies the application for an injunction, then presumably Berg will stop wasting everyone's time.