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"The Worldwide and Retaliatory tariffs are thus ultra vires and contrary to law."

More broadly, Kempf said, the bills would pose risks to schools and educators in the form of potential ultra vires claims, which enable citizens to sue public officials who violate state laws.

"Then-Attorney General Sessions correctly concluded that this ultra vires program should be rescinded. These cases could—and should—have ended with a determination that his legal conclusion was correct," Thomas said.

Having been burned so badly for her participation in post-9/11 interrogations, she is likely to be on her guard against future orders to act ultra vires.

The testimony was actually about “ultra vires,” a legal term that means “beyond the powers.”