I agree with you theoretically 100%. But getting federal judges on the case who are sympathetic to the plaintiff's position might be problematic in the Age of Obama.
Yes, Valerie Jarrett is the boss, and; her treachery knows no limits. http://adinakutnicki.com/2013/11/25/valerie-jarrett-irans-deal-maker-her-main-mission-as-obamas-consigliere-western-civilizations-hit-woman-commentary-by-adina-kutnicki/