The reality is that the Courts have inserted themselves into that question. The SC did not acknowledge that authority, it legitimized the questioning of the authority, and it did NOT take difference with the rationale used by the Circuit Courts, which was literally "because Trump issued the order." If Hillary had issued EXACTLY THE SAME ORDER, the federal courts would have upheld it.
They sure would’ve...
I’m surprised the SC, with the addition of Gorsuch, didn’t completely overrule the lower court’s obvious political decision...