It HAS not been presented to the SCOTUS...all that have reach that level have been tabled instead of dismissed. They can be pulled back up at the appropriate time....Too bad for BO.
Your question/statement was:
How much of this was done to kick it up to a higher court? With a case of this magnitude no lower court judge wants to take responsibility...It really needs to be handled by the SCOTUS and the only way it can get there is for lower judges to kick it up stairs.
Your confusing me...your own statement answers your question.