Well...if they did in fact pass a law authorizing this change in policy it would be constitutional, even if bad law. The point is that they didn’t pass a law authorizing this and the President just created the legislation through ‘executive’ action.
In this case yes. I was pointing out the power and duty of the courts in general. And in this case mere funding, absent a change in law, would not affect the constitutionality of Obama’s order (memo actually).