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Originally Posted by Adder
I suppose. But once he does it, isn't it moot? And injunction telling the executive not to have spent money in ways congress said he can't?
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Hmmmm. You may be right, but I don't think so. The issue will still be ripe as long as there is a conflict between what the President asserts as his (so far) authority and what Congress asserts it may regulate. Congress could sue for an injunction, but more likely than not, the issue would ultimately be decided as a matter of statutory validity. The Guantanamo misappropriation was attached as an amendment to another bill.
