Ultra vires — Presidential Directive

Equitable cause of action available against executive officials acting beyond statutory or constitutional authority — Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682 (1949); American School of Magnetic Healing v. McAnnulty, 187 U.S. 94 (1902). Distinct from APA review and not subject to APA preclusion provisions.

Not reached. Court found three independent merits problems and declined to address ultra vires.

Whether the Presidential Directive is reviewable at all (Trump v. Hawaii, Franklin v. Massachusetts). Whether the Take Care Clause supports independent claim. Available as a backstop for declaratory relief on MSJ.