I found something, finally. Axios wrote about it, citing a legal analysis by John Yoo, who has just finished writing a book about President Trump’s use of Presidential power. Yoo says John Roberts’ recent decision in the DACA case “"makes it easy for presidents to violate the law" using Executive Orders and also makes it harder for his successor to undo it. Yoo’s argument is explained in more detail in a National Review article. I don’t pretend to understand it all.
Trump eyes Supreme Court ruling on DACA as license to skirt the law - Axios
Yoo’s National Review article has been sitting on the President’s desk. His staff say they are taking Yoo’s opinion into consideration but whatever actions they take won’t rely solely on that. They very primly say they want everything they do to be lawful and right.
It’s noted that if the President writes an unconstitutional EO, the Supreme Court could not review it before the end of Trump’s term.
I was surprised it was so hard to find anything on this. None of the majors have picked it up that I can see. But maybe they all think Yoo is a crackpot. The Axios legal expert said it “strains” existing case law and history. I guess we’ll see. If any of you are real Constitutional/legal scholars, have a go at it, because if you ask me the President may just try it. As he likes to say, what has he got to lose?