You made another point worth discussion re Trump’s right to pick anyone from his list for SCOTUS.
The left is going to RIOT if Ginsberg dies or is unable to continue and Trump puts up another Scalia-style judge.
The real chess game is for that seat.
The 9th tossing out the EO would help Trump long term.
The RINOs in the Senate might also cave that we have to be ‘fair’ and ‘each side gets a choice’ - even though we won the election.
It’s not a chess game for the Ginsburg seat. It’s straight forward, appoint the person you want. The Left will riot regardless of who it is...they will pour out their angst on Left wing city streets. No matter. He doesn’t need game theory...he has majorities, a steam roller will do.
The 9th tossing the EO out is meaningless as a tactic (and harmful to him to boot), because he already has all the public support he needs. That continues with victories, not game-playing defeats. The 9th throwing out the EO is a defeat...even if it might be a temporary one and Trump needs victories. He didn’t plan to take a wink-wink defeat. He doesn’t need anything it would provide and it won’t change the reaction of his enemies one iota.