<prompt> Translate the following text to EnglishSuala hilo, ingawa liliamuliwa na Mzunguko wa Pili, halikujumuishwa katika swali ambalo certiorari ilitolewa, na, kama Mahakama inavyoonyesha, haikuelezwa au kujadiliwa hapa.  <response>: 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. 