They will win at the first level for sure as they almost certainly have judge shopped. We all have to remember that the judiciary is a big part of the swamp and that all Democrat appointees and likely a good number of Republican appointees hate Trump as much as the GOP-e. The judiciary may very well take this opportunity to gain defacto control over the US military by having social engineering Trump operational effectiveness.
How about Trump counter attacks by calling the ACLU an enemy combatant.