Obama's Immigration Executive Fiat sent to SCOTUS

It's hard to believe this man is a constitutional scholar. I guess at harvard that's taught as how to evade it.

https://www.washingtonpost.com/politics/courts_law/obama-takes-immigration-leniency-plan-to-the-supreme-court/2015/11/20/57ac88b8-8f80-11e5-ae1f-af46b7df8483_story.html

The repugs do the same thing to Obama so wth is the difference?