Where certiorari has been granted, the underlying decision retains precedential value. There is some authority to the contrary. United States v. Tholl, 895 F.2d 1178, 1181 n. 7 (7th Cir. 1990) ("Because this issue is currently pending before the Supreme Court, United States v. Munoz-Flores, 863 F.2d 654 (9th Cir.1988), cert. granted, 493 U.S. 808, 110 S.Ct. 48, 107 L.Ed.2d 17 (1989) (granting certiorari and requesting that the parties brief the political question doctrine in addressing the justiciability issues in the case), we believe that a respectful silence on this issue is the most appropriate course; an alternate avenue of decision grounded in the precedent of the Supreme Court is available to us. Cf. Nebeker, 167 U.S. at 203, 17 S.Ct. at 763 (declining to address the justiciability issue because the statute can be construed as a non-revenue measure).").