Reading Paxton's reply more carefully, I suddenly thought of something new: the Court could allow the lawsuit to continue seeking to annul only the Extended DACA 3-year permits.

If that were to happen, then those with valid 3-year DACA could simply get the normal 2-year one. Problem solved.

Paxton mentions over and over again the issue with there still being valid remnant eDACA permits from the 2014 memorandum. So with this in place, the case can continue, leaving 2012 original DACA intact.