By the way, I haven't been following this challenge very closely, so forgive me if I am not firing on all cylinders. I tend to be interested in cases which emerge from novel individual circumstances. This one is so obviously political, with arcane interpretations of the constitution as the figleaf, that the particular legal arguments just don't float my boat.
Can Republicans stop Democrats governing, even when they have a majority? Seems to me that Republicans clearly feel Democrats are not entitled to make law. This has been obvious in the unusual use of filibusters of the senate, in the harm done to the US' credit rating by the house, in the attempts to purge the rolls of uncredentialled Democratic voters and now it continues in the supreme court.
Meanwhile, the US economy creeps forward, without the help that government-affected structural changes might contribute.