Because the Supreme Court knows it does not have the physical power to order the president to do anything. How many divisions does SCOTUS have?
The Supreme Court entered orders over the forced removal of the Cherokees along the trail of tears but President Jackson simply ignored their orders and did as he pleased. I'm old enough to remember that there was some doubt whether President Eisenhower would enforce the Supreme Court's orders respecting the integration of the schools in Arkansas.
The Supreme Court is painfully aware that ultimately its power is only as strong as the disposition of the people, the elected officials, and the Armed Forces to follow the court.
If the Supreme Court were to send federal marshals to the White House they would never get past the Secret Service or the Marine standing guard outside the Oval Office. The Supreme Court will not open itself to issuing unenforceable orders. It is not going to go verging into grave questions of state which they cannot control and might even lead to civil war
Moreover, there is ample legal precedent for the Supreme Court to take this position and quite properly so. After all, the matter could have been handled by the political parties themselves, by the secretaries of state of the individual states which certified candidates or ballots, or when they certified the election results, or by the political party in convention, or by the House of Representatives and the Senate. The Supreme Court is not the only venue for resolving disputes in America and it is not the venue for deciding "political" questions at all.
Make no mistake, I am as troubled by you are by Obama's inexplicable refusal to produce his birth certificate. Common sense tells me that there is only one explanation for this. However, I do not see much hope of any successful legal maneuver this administration and none whatsoever unless Republicans can take the Congress in 2010 in that body.
Our best hope is to set up a control process which bars the mountebank from reelection.Meanwhile, we should continue every legal challenge possible-I could be wrong-and beat the drum ceaselessly.
