And small government won't exist if immigration isn't changed. He's the one candidate who has emphasized immigration from day one of his candidacy. Ted Cruz is the only real alternative, although it took him a while to change his tune on h1b visa increases.
Its a question of priority.
Immigration could wait another 8 years, and could still be turned around.
When one or more of the conservative justices are replaced with the likes of sotomayor or kagan, the game is over. Done. Not tomorrow, not next week or next year, but NOW. For the rest of your life and mine, maybe even permanently. So long as a real conservative majority exists on the USSC, the game is still in play.
If I had to choose between 8 more years of illegals invading but a strong conservative USSC, OR immigration fixed now and a stupid lefty USSC, it wouldn't even be a choice.
We can fix immigration to our hearts content now, but if it means a lefty USSC they'll just come back later and undo the fix, and we'll have done nothing but delay the loss, gaining nothing.
On edit: Think of both immigration and the USSC appointments as bombs. One has a much longer slower fuse than the other.
CMD