sure they can.. maybe not legally but what can we do about it?
In order to sue you have to have standing, and like in the prop 8 case if you can’t show harm then you have no standing. Is some employer going to sue the Feds for not enforcing a provision that actually ties their hands? A court is going to throw it out based on standing because they are helped by the delay not harmed.
Go to the California Prop 8 case. They basically said that nobody in California has the right to sue because they couldn’t show they were harmed.