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A newly elected President of the United States decided to recognize a rebel group as the government of the foreign country and notified the ambassador from the ruling faction that she must leave the United States within 10 days. The ambassador filed an action in federal district court for a declaration that the ruling faction was the true government of the foreign country and for an injunction against enforcement of the President's order that she leave the United States. The United States has moved to dismiss the action.
The United States had long recognized the ruling faction in a foreign country as that country's government, despite an ongoing civil war. Throughout the civil war, the ruling faction controlled the majority of the country's territory, and the United States afforded diplomatic immunity to the ambassador representing the ruling faction.
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B is incorrect. The action is ripe for adjudication even though the ambassador may remain in the United States for 10 days. The ambassador has suffered immediate harm because she no longer represents the foreign country in the United States, she has lost her diplomatic immunity, and she is facing expulsion within a very short period of time. Also, the constitutional issues are fit for review without waiting for the ambassador's expulsion.
C is incorrect. Although Article III of the Constitution provides that the Supreme Court has original jurisdiction over actions involving ambassadors, federal district courts also may exercise original jurisdiction over actions within the Supreme Court's original jurisdiction.
D is incorrect. The ambassador has standing, because she has been injured by the President's decision that her faction is no longer the government of her country, her injury is fairly traceable to this decision, and the injury is likely redressable by a court order invalidating the decision.