Never before has a president's speeches on the campaign trail be used as evidence in an Executive Order.
The only other time I've heard of something a president has written in personal correspondence be used in a decision is when Thomas Jefferson's personal letter to the Danbury Baptist mentioning a "wall of separation of between church and state" to protect churches from the government was the 1947 case of Everson v. Board of Education.
In it the SCOTUS used out of context his stance as to how the government's position should be in matters of religion. The phrase was never in any laws or other official documents.
Many people don't know it but congress has authority over the number and jurisdiction of all federal courts below the SCOTUS and hopefully they will exercise it with the Ninth Circuit.
If words out of a politicians mouth can be considered in a court of law then Obama's "you can keep your doctor, your insurance, and your healthcare bill will go down $2500 a year" should have struck down Obamacare on the first lawsuit.
These yo-yo judges want to use rhetoric in a campaign speech as evidence when they cannot even rule properly on the laws AS WRITTEN.