That argument sounds nice but it wouldn’t hold up. POTUS can’t just impose an arbitrary deadline. Unfortunately the constitution is too vague and has a lot of untested loopholes like that. Still, I agree they should have at least tried to argue it and get a ruling on it for future reference.

One thing the Dems need to learn from the Repubs is that you should go down fighting, don’t cede even when you’re 99.5% sure to lose on an issue. Even though repubs have lost most of the time, they’ve gotten away with some shit with that strategy and it moves the overton window on what is considered possible, making it gradually more likely to get away with even more.