[so_real]

If there were a prior ruling on the matter, I'd go along with that. And, in fact, I would encourage Cruz in his marketing campaign to use that tactic and shine the spotlight on Obama ("he was in, so I am too"). But legally speaking, there was no prior ruling (no standing, procedural irregularities, deadlines missed, denied certiorari, etc). When the courts punt, the problem grows.

[reagandemocrat]

You’re right, of course. But “stare decisis” sounds cool.