The issue focused on the government's claim that it is not subject to any court order, and was also at the heart of a federal judge's decision in May to keep his case out of a legal review.

"I can't see how he has an absolute right to go into a civil court and say I have this law that we are going to pass," said Democratic state Rep. Will Guzzardi, who along with another attorney had sent a letter to Justice Department lawyers last month objecting to the