On Friday evening, Dunlap’s attorneys received a letter from the Justice Department informing them that it would not be providing the records on the rationale that because the commission no longer exists, Dunlap is no longer a member of it and therefore not entitled to receive them.

see also United States v. Robel, 389 U.S. 258, 264 (1967) (“‘[N]ational defense’ cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. ... It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties ... which makes the defense of the Nation worthwhile.”)

In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.

For the foregoing reasons, the emergency motion for a stay pending appeal is DENIED.