Originally Posted by
Boggie Dog
In the case of an EO the only question that should be decided by a court is a constitutional question.
Whether or not an act is unconstitutional or otherwise unlawful depends upon intent quite often; and for that purpose of intent determination, words matter.
When the legal basis for such determinations (of lawful/unlawful action) is tied to intent, "who" perpetrates an act is something that matters. This has been the situation for at least as long as there has been a United States of America with due process in courts of law.
Intent matters. Words are used to determine intent. Who matters since intent matters. Since it's good for the goose, it's good for the gander.