I suspect the history books will record Kerchner et al. vs. Obama with little more than the following two words: Appeal Dismissed.
It's possible that (2) was met when Obama mocked the Supreme Court to their faces in front of the world at the State of the Union circus. If not, then the huge mistake would have to be almost certainly a great tragedy.
It this was a matter of law and justice there would have been a judicial hearing on the matter before the election. Instead it is simply a matter of moral courage.