Following a close vote in Congress resulting in its narrow passage, a law that authorizes electronic surveillance of those suspected of having ties to terrorist groups is signed by the President. Representative who voted against the bill alleging it was unconstitutional files suit in federal district court seeking a declaration that the act is unconstitutional. The government's response asks the court to dismiss the suit because it lacks jurisdiction. The judge should:
a) Grant the motion to dismiss, as the Representative lacks standing
b) Deny the motion, as the constitutionality of the law is a justiciable controversy
c) Suspend the case until the surveillance program is implemented
d) Refer the case to the Foreign Intelligence Surveillance Court for review