specially concurring:
I concur fully in Judge Tuttle’s opinion for the court, with this observation. The district court was duty bound from the inception of these consolidated cases to determine' without delay whether it had subject matter jurisdiction over the plaintiffs’ claims. Instead, the district court deferred this determination; granted the plaintiffs the preliminary injunctive relief they sought, albeit in the form of a temporary restraining order; and ordered the government to submit to sweeping, and in my view absolutely unwarranted, discovery.
We now order the district court to undertake the task it has deferred. This task can be accomplished merely by examining the allegations of the plaintiffs’ complaints.