If all the eggs don't hatch, what you mention would only be a temporary problem. There are a gazillion ways to bring suit on the same fundamental issue. Clever lawyers make the big bucks. ultimately even folks locked into the jobs for life will respond to 290 million mad as hell folks. They don't relish the thought of their wives reminding them of what assholes they have been.Be careful what you wish for.
There are cases being heard in Texas on challenging DACA where the states bringing suit purposedly forum-shopped it so that the district court judge would be favorable and the appellate court judge will be favorable when it is appealed (in other words, what the libs do when they introduce cases in the nineth circus).
It is expected to be through the appellate court by fall. So just keep in mind that if the Supreme Court hears it or even votes to not hear it (ie. does not grant certiorari) then the lower court decision stands) with a 4-4 decision - not only on the case itself but all the related motions. Or worse yet, there will be a new justice by then and they will hear it. You are screwed either way. Unless you think Trump is going to appoint another Sotomyer/Kagan/Ginsberg Space Monkey.
Might want to go to your plan b and have a Canadian judge come down and fill the vacancy while the nomination process grinds on. Let us know how that works out.
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Never count your chickens before they hatch!