The U.S. Supreme Court’s denial of a petition to review a closely watched consumer case is raising speculation that the death of Justice Antonin Scalia could make it more difficult to get key class-action issues decided.

The case involves Direct Digital LLC, which petitioned the Supreme Court to overturn a Seventh Circuit opinion that applied a more liberal standard than other circuit courts in certifying a consumer fraud class action over the glucosamine supplement Instaflex. On Monday, the Supreme Court denied the petition.

Although the Supreme Court doesn’t discuss why it declines to hear a case, Scalia’s death likely played a major part in why a “prime candidate for cert” was denied, said Burt Rublin, practice leader of the appellate group at Ballard Spahr in Philadelphia, who is following the case.

“The whole calculus changed once Scalia passed,” he said. “Without seeing a clear path to five votes, you can speculate the four conservative justices realized it wouldn’t be advisable or prudent to wade back in the class-action thicket.”

Although companies are unlikely to halt filing petitions before the Supreme Court, “everybody’s now cognizant that the odds of getting cert granted are now more daunting than they were before,” he added.