That's bogus. This case has snaked through the system, it is sitting in the "inbox" for the SCOTUS, and it is a politically powerful and potentially divisive issue. If I correctly saw, the SCOTUS firmly requested an "Amicus Curae" from the Bushies, when they were ducking door knocks and phone calls from the start.
The Supreme Court jurists want to know the position, regarding THIS lawsuit, of America's Chief Executive Officer and his Admnistration. This is a tinder box. The SCOTUS Justices want to see the legal arguments ... for or against ... of Americas greatest lawyer, Solicitor General Theodore Olson. They know if Olson thinks the lawsuit is poorly lawyered, weakly substantiated, unwisely pushed and insufficiently supported by precedent or law ... he'll tell Bush it blows, and Bush will advise that the WH oppose the suit on its legal merits, regardless of the political allure.
This suit could be a rotting fish, just in its legal professionalism and appropriateness. If the thing reeks, Bush is best to throw it into the river and find a REAL, precedent setting reverse racism injury.