I think he was taking the measured approach. See how far it gets you to play with the courts. This is not even a vague area, this is clearly defined. What a joke.
Agreed, this has no vagary to it. Yet he lost a unanimous decision. Confirms my earlier reasoning that unless he challenges the courts directly by refusing to acknowledge their false assertion of jurisdiction, his entire “drain the swamp” agenda will be tied up in these renegade courts until long after he leaves office To whit, DeVos will be sued several times a day if she tries to reform education one little bit.