My "true beef" is not with execution. It's with the substantive decision to apply it to present green card holders and visa holders.....which I understand they are at least in part continuing to defend in court.
As for the discussion of issuing an EO purposefully far in one direction....to the point of (IMO) being unlawful...as a "negotiating position" to be left up to the checks and balances of the court is something that never should be done. Our officials should not be issuing unlawful EOs with an eye to negotiating back to lawfulness when checked by the courts. Doing that raises huge issues and concerns to me.
I'm certainly inclined to lean more in agreement with you when it's and EO that impacts rights/freedoms as opposed to an advancement of proposed legislation.
Though how do you, @CowboyJD , account for variance in pushback due to judicial activism?
*I'll take a stab at the answer...that there's always a higher court. And if a higher court doesn't take issue with a lower courts ruling, then legislative movement is the only recourse, if that avenue exists at all.