Obama may try to delay using the courts but the GOP can use the delay to tell Americans that Obama doesn't want jobs and then it would get done as soon as the GOP takes over.
That's always been obama's big weakness, he can't make a decision. The more important a decision the more undecided he is. It's why his record in the IL state senate and the US senate is full of "present" votes. It's why our RQ-170 drone wasn't destroyed. It's why he has taken no stand on anything except for the things he believed in as a community agitator. It's why he has to go.