You are missing the point. The 9th Cir panel could have issued a stay of the lower court ruling pending a full hearing on the merits. The gravitation pull of the law on issues of national interest and immigration is on the president’s side.
Check this out
https://www.supremecourt.gov/opinions/14pdf/13-1402_e29g.pdf
Thanks for posting that case,
KERRY, SECRETARY OF STATE, ET AL. v. DIN