This is whispered about as a possible action Obama might take in his last year in office, to fulfill a campaign pledge. Presumably, he would contend that it is within his Article II exclusive power and that the statute forbidding this is unconstitutional.
Putting aside practical problems about funding for a moment, my question for GD is this: Who, if anyone, would have standing to challenge this?
I’m hard pressed to imagine who might have standing (both Article III standing, and a private right of action under the statute). The guards ordered to transfer the inmates, maybe? Seems like a stretch.