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If Gore had refused to ask the question somebody would have had to file a lawsuit to force him to do it. If SCOTUS refused to take up the issue the country would have been without a lawful CINC then just like we are now.

That’s why SCOTUS’ refusal to hear Kerchner’s case on the merits and resolve the issue is a danger to our national security.

I would like to believe they have a darn good reason they’ve done this, but on the other hand the only reason I can think of that would justify such a thing is if resolving the issue would CERTAINLY jeopardize the very existence of the country, because not having a lawful CINC in the middle of (at that time) two theaters of war is downright stupid if not a huge danger to national security.

To be without a valid CINC while Iran is getting nuclear weapons is a critical danger to the entire world.