I am certain the SCOTUS would not grant certiori to any appeal from this order, because of the respect it gives to the powers of the Commander in Chief in Wartime, so the question of judicial review would remain moot.
In related news, President Clinton issued a new executive order on federalism on Wednesday (8/4) that replaces a largely unenforced federalism executive order from the Reagan Administration. The order calls on agencies to consider federalism impacts and to consult with state and local officials as part of their rulemakings. Unlike the federalism legislation, however, the executive order is not subject to judicial review.
This stuff goes on all the time guys, and this is not even congress.
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1 . Small Business Liability Protection Act (Referred in Senate)[H.R.1831.RFS]
2 . Small Business Liability Protection Act (Engrossed in House )[H.R.1831.EH]
3 . Small Business Liability Protection Act (Introduced in the Senate)[S.1064.IS]
4 . Small Business Liability Protection Act (Introduced in the House)[H.R.1831.IH]
5 . Small Business Liability Protection Act (Reported in the House)[H.R.1831.RH]
6 . Investor and Capital Markets Fee Relief Act (Introduced in the House)[H.R.1088.IH]
7 . Resolved, That the bill from the House of Representatives (H.R. 1696) entitled `An Act to expedite the construction of the World War II memorial in the District of Columbia.', do... (Engrossed Senate Amendment)[H.R.1696.EAS]
8 . To expedite the construction of the World War II memorial in the District of Columbia. (Enrolled Bill)[H.R.1696.ENR]
9 . Investor and Capital Markets Fee Relief Act (Reported in the House)[H.R.1088.RH]
10 . Municipal Solid Waste Flow Control Act of 2001 (Introduced in the House)[H.R.1214.IH]
11 . Emergency Power Production and Consumer Protection Act of 2001 (Introduced in the House)[H.R.1664.IH]
12 . Housing Affordability Assurance Act (Introduced in the House)[H.R.2753.IH]
13 . Minor Use and Minor Species Animal Health Act of 2001 (Introduced in the Senate)[S.1346.IS]
14 . Investor and Capital Markets Fee Relief Act (Engrossed in House )[H.R.1088.EH]
15 . Minor Use and Minor Species Animal Health Act of 2001 (Introduced in the House)[H.R.1956.IH]
16 . Investor and Capital Markets Fee Relief Act (Enrolled Bill)[H.R.1088.ENR]
17 . Investor and Capital Markets Fee Relief Act (Placed on the Calendar in the Senate)[H.R.1088.PCS]
18 . Terrorism Risk Insurance Act of 2001 (Introduced in the Senate)[S.1751.IS]
19 . Terrorism Risk Insurance Act of 2001 (Placed on the Calendar in the Senate)[S.1748.PCS]
20 . To amend title 10, United States Code, to authorize disability retirement to be granted posthumously for members of the Armed Forces who die in the line of duty while on active duty,... (Introduced in the House)[H.R.2203.IH]
21 . To amend title 10, United States Code, to authorize disability retirement to be granted posthumously for members of the Armed Forces who die in the line of duty while on active duty,... (Introduced in the Senate)[S.1427.IS]
22 . To amend title 10, United States Code, to authorize disability retirement to be granted posthumously for members of the Armed Forces who die in the line of duty while on active duty,... (Introduced in the Senate)[S.1037.IS]
23 . Fairness in Securities Transactions Act (Introduced in the House)[H.R.1311.IH]
24 . Fairness in Securities Transactions Act (Introduced in the House)[H.R.1480.IH]
25 . Embassy Employee Compensation Act (Introduced in the House)[H.R.3375.IH]
26 . Oklahoma City Victims Compensation Act (Introduced in the House)[H.R.3633.IH]
27 . National Disaster Medical System Act (Introduced in the House)[H.R.2333.IH]
28 . 1993 World Trade Center Victims Compensation Act (Introduced in the House)[H.R.3978.IH]
29 . Solid Waste Interstate Transportation and Local Authority Act of 2001 (Introduced in the Senate)[S.1194.IS]
30 . To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a Canadian pesticide for distribution and use within that State. (Introduced in the House)[H.R.1084.IH]
31 . Municipal Solid Waste Interstate Transportation and Local Authority Act of 2002 (Introduced in the Senate)[S.2034.IS]
32 . Small Business Liability Relief and Brownfields Revitalization Act (Received in the Senate)[H.R.2869.RDS]
33 . Small Business Liability Relief and Brownfields Revitalization Act (Enrolled Bill)[H.R.2869.ENR]
34 . Small Business Liability Relief and Brownfields Revitalization Act (Engrossed in House )[H.R.2869.EH]
35 . Small Business Liability Relief and Brownfields Revitalization Act (Introduced in the House)[H.R.2869.IH]
36 . To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a Canadian pesticide for distribution and use within that State. (Introduced in the Senate)[S.532.IS]
37 . School Environment Protection Act of 2001 (Introduced in the House)[H.R.111.IH]
38 . Pipeline Safety Improvement Act of 2001 (Introduced in the Senate)[S.141.IS]
39 . Acid Rain Control Act (Introduced in the Senate)[S.588.IS]
40 . Acid Rain Control Act (Introduced in the House)[H.R.25.IH]
41 . Pipeline Safety Improvement Act of 2001 (Placed on the Calendar in the Senate)[S.235.PCS]
42 . Arctic Coastal Plain Domestic Energy Security Act of 2001 (Introduced in the House)[H.R.39.IH]
43 . Water Investment Act of 2002 (Introduced in the Senate)[S.1961.IS]
44 . Pipeline Safety Improvement Act of 2001 (Engrossed in Senate)[S.235.ES]
45 . Pipeline Safety Improvement Act of 2001 (Referred in House)[S.235.RFH]
46 . Competitive Market Supervision Act of 2001 (Reported in the Senate)[S.143.RS]
47 . Competitive Market Supervision Act of 2001 (Introduced in the Senate)[S.143.IS]
48 . Emergency Agricultural Assistance Act of 2001 (Placed on the Calendar in the Senate)[S.1246.PCS]
49 . Health Care Antitrust Improvements Act of 2002 (Introduced in the House)[H.R.3897.IH]
50 . Family Farmer Cooperative Marketing Amendments Act of 2001 (Introduced in the House)[H.R.230.IH]
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