The Trump administration asked the SC to review the matter directly in January 2018 but the SC declined in February 2018, stating they would await a prompt determination of the ninth. Of course the "supreme court of the west" has been dragging it's feet. Hence, the Justice Department is asking the SC to once again take up the matter since we may all grow old and grey before the ninth gets off their butts.
DACA isn't a Executive Order. Obama simply applied policy of not enforcing such laws. Same with Trump, he didn't 'end' it with a EO. DACA has never been a EO.