1) They aren't deferring the decision of whether to become active; they're asking the administration to provide its thoughts. They aren't bound to do what the

1) They aren't deferring the decision of whether to become active; they're asking the administration to provide its thoughts. They aren't bound to do what the administration says, but it's not unprecedented or even that odd. 2) Not to be pedantic but for the benefit of others who may not be aware: the Supreme Court is the highest judicial body, not the head of the legislative body. Congress is legislative, the courts are judicial, and the Obama administration is the current incarnation of the executive branch.