I think, unfortunately, the Supremes will punt. But that should be no surprise — only a very small % of the cases that make it this far get taken by the court — somewhere in the low single digits I believe. So it would actually be a surprise if they took the case.
But even if they don’t take the case as widely expected, the issue will not go away. It will be a cloud over O’s presidency for 4 years, and the controversy and law suits will only grow. And then if he goes for re-election, it will become a major undercurrent and will be used in ads against him by various groups.
Which would be BS. They are only supposed to "punt" cases that have nothing to do with The Constitution.
This has EVERYTHING to do with The Constitution.