I can understand them not saying impeachment at this point in time with elections for the Senate ramping up. Them speaking of possible impeachment will just drive more Dems to the polls. But we all know that they aren't even considering impeachment. Part of the proof is that in this lawsuit in the House against Obama it talks on Obamacare while that should be an issue a bigger one should be about DACA. I'm fairly sure that if it challenged DACA directly DACA would lose with 5/4 split, if the law was followed a 5/2 split due to 2 of the liberal Justices having strong links to support it. Remember Sotomayor has direct ties to LaRaza and has worked with them. It would likely come down that Obama has prosecutorial discretion in single cases but not as far as simply deciding which laws not to enforce and to decide which groups to ignore those laws with. The IIRIRA of 1996 doesn't really leave Obama any room to decide not to deport like he has done as well.