Show me where in the Constitution it's the function of the Executive branch to ensure "fairness" and I'll agree with you.
. . to faithfully execute the laws . . .
I believe their argument would be that he (or anyone serving as president)would be in violation of their oath (or affirmation) with regards to the 14th Amendment to the US Constitution.
Just stand by everyone - the SC just may get behind Obama on this - after the Obamacare ruling, would anyone be surprised? Didn't he already grant amnesty to 150,000 illegals before the 2012 election? - with nary a peep from the gelded republican ruling class in DC.