"...Curt Levey, president of the conservative court-watching outfit Committee for Justice, said that expected recusal would make this 'not the ideal case' for a Supreme Court test.
'How can you win when at most you have four votes?' he said.
He also said there could be another bite at the apple later. The current ruling is related to a preliminary injunction which, while binding the government while the case is being heard, is not a final decision on the merits. Without an appeal, the case now goes back to the federal district court in Washington...
...Mr. Levey said he considered the case more an abortion case than an immigration case, and in that respect he said it’s not the best vehicle for conservatives who want to see a narrowing of jurisprudence.
There’s another case coming before the justices that will be a bigger test of abortion rights..."