Shouldn't matter what a judge says, since national defense isn't one of the powers delegated to our court system, but was delegated to the Chief Executive/Commander In Chief. They are coequal branches within their delegated powers. One coequal branch, therefore, may not nullify the delegated powers of the other. Imagine if the President issued an executive order that said the courts can no longer hear cases on appeal. That would be an equivalent situation to that of the courts ruling that the president may not defend our nation's borders against foreign invasion.