Well wait...
Posted on: March 11, 2021 at 11:19:28 CT
Gyro MU
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in order for the Supreme Court to weigh in, they'd have to have a justiciable case. They don't provide advisory opinions. I think there hasn't been a justiciable case because no one wants to be viewed as hampering the protection of America or handcuffing the American military.
If a case makes into to the SC, then you might see a curbing of this now seemingly robust power to engage in war like operations without congressional approval. We'll see.