It will be interesting to see if the Ninth Circuit will grant the injunction and then if the Army appeals to the Supreme Court. If an injunction does come down, then perhaps the Army will turn to the “Unitary Executive” and thereby simply ignore the injunction instead of appealing to SCOTUS. Through its hundreds of “signing statements” the Bush administration already routinely ignores the expressed will of Congress, so it’s not that big of a stretch to envision them ignoring the Court in this matter.