Or FISA right now, if there’s an imminent threat.
The idea that a district court judge can issue a nationwide injunction reversing the President’s order on a question of national security is crazy. Let’s say the EO came out after 9/11, when no one knew who was attacking us. Surely the President’ decision cannot be reversed by a judge, not when we were on the precipice of war. If you accept that, you have to accept that in all circumstances, this has be viewed as committed to the Executive branch. The judiciary simply has no ability to make a judgment about national security, not like this. If Congress wants to circumscribe the President’s authority, that’s a different story. Surely at some point in the judicial process, someone will realize this. But it may have to go to the Supreme Court.