He cannot give the left a legitimate excuse to impeach him. After the election, he will have “more flexibility”. Sarcasm, but true.
Exercising the constitutionally mandated authority of the executive branch is part of the checks and balances intended by the framers. Many presidents have invoked executive authority to overrule lower court judicial decisions. There is much precedent for doing so. The president is not a private citizen like you or I.
I'd like to know who the Repub lawyers are who are advising this White House to take such a very dangerous path, the net effect of which is to TRANSFER AUTHORITY FROM THE EXECUTIVE BRANCH WHERE IT BELONGS, OVER TO AN INCREASINGLY ACTIVIST JUDICIARY.
In short, it's the weak and feckless Pubbies backing off and slinking away like they always do.