The SCOTUS is an appeals court. No one can "ask it for a Declaratory Judgement" outside of the context of a case brought before it on appeal ... AND ... accepted by the court to be heard. What a President does, is ask his AG to seek opinions from other sources. Guess where that one would go!
Traditionally, 4 Justices must vote to hear a case. Of course, before that vote, the case has to make it through the bureaucracy of the court ... which is a thoroughly Left Wing operation and has been so since Roosevelt. So far, we have had 2 or 3 Justices willing to hear the case for constitutional eligibility, but never 4.
In fact, much of the bureaucratic engine of government that runs our lives, is firmly in the hands of, in many cases, the actual descendants of those Leftists brought to power in DC in the days of FDR.
Run a check on the employees of your Republican representatives in Congress. Their offices are staffed by many Democrats ... sometimes overwhelmingly so.
Not in all cases.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
Art. III Sec 2., Constitution for the United States.
So a state could bring a case directly to the Supreme Court. One, or actually several, should have done so, before January 20, 2009. But, they still could, based perhaps on an objection to some decree from the Won.