[Mariner]

"I don’t understand the lack of appeal by the Obama WH. What are they thinking here".

I can think it only two things.

Either they want to get it over with before the election, taking it off the table.

Or, they are actually stupid enough to believe they will prevail.

[eyedigress]

That post by bill made sense. Obama doesn’t want to show his argument against the 11th. He wants it decided quickly before actual arguments are made against numerous factions of the law that violate the privacy act of 1974 and so forth.