Also, they could just be going through them to clear them all out of the way before inauguration.
It seems though that at least scalia and thomas are sympathetic to the constitutional issues. question is whether or not roberts and alito are playing to DC political winds or not...my bet is that one of them is and that is why there was not 4 justices that wanted to hear the case ruled on today....or maybe one or more of these 4 justices are waiting for the strongest case to go conference so that they can run with that one...