So what? Who cares if the progam can proceed for a few more months until the circuit hears the case and rules on the merits?
This one’s getting overturned, baby. And then it’s on to the Supremes, where the Stevens/Souter/Ginsburg/Breyer wing and the Roberts/Scalia/Thomas/Alito wing will do their usual 4-4 split, once again leaving the fate of American law in the hands of Anthony Kennedy. And there’s no telling what he’ll do.
Actually, yes there is. He’ll vote with the liberals and declare the program unconstitutional.