And once it got to the supremes ... ?
"Mark Levin just addressed this with a caller ... where would this go? And once it got to the supremes ... ?"
There are two aspects at work here: the legal side and the political side. We may very well lose in future legal cases (especially in the 9th circuit, etc.), but keeping the issue open helps politically (see the recent Ras poll out today on SB1070).
Also, I can't speak for Kennedy or Roberts obviously, but if a president made me look like a buffoon by announcing he wasn't going to enforce the law just hours after my opinion was released... I would be itching to have another bite at that apple...