But that wasn’t the argument they were asked to decide. Now it WILL be....and that could change their interpretation.
If they agree to take it. I don't think that the DC Circuit's ruling will stand because the it's certain that the Administration will request a rehearing by the full Circuit Court, most of whom were appointed by Democrats. So it's almost a certainty that the full court will rule for the Administration. Once it reaches the Supreme Court they will most likely punt it and refuse to take the case.
It wasn't even an interpretation. He was making an assumption purely for the purposes of argument. If I were to say, "If we were to assume that George Washington never lived we may conclude that America would have never won the Revolutionary war", that doesn't mean I'm concluding that George Washington never lived.
Ignore Scalia and the three other Constitutionalist judges. The dead-soul Roberts will be ordered by his masters who hold his blackmail file to rule with the leftist anti-Constitutionalist judges. Whenever the globalist need a ruling they simple remind Roberts of the blackmail.