“The Constitution vests the federal judiciary with the duty of ensuring that the Executive Branch does not exceed the powers delegated to it by Congress,” the former judges’ brief stated. “That duty does not go away when the Executive purports to act under statutes that protect our nation’s security. This case is a straightforward challenge to unlawful agency action.”
“The Constitution vests the federal judiciary with the duty of ensuring that the Executive Branch does not exceed the powers delegated to it by Congress,” the former judges’ brief stated. “That duty does not go away when the Executive purports to act under statutes that protect our nation’s security. This case is a straightforward challenge to unlawful agency action.”
