Republicans on Supreme Court continue their Article I nullification campaign
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The Supreme Court has been captured by a dangerous cabal that resorts to sneaky and improper methods to get its ways:
The Supreme Court on Friday allowed the Trump administration to withhold $4 billion in foreign aid that had been appropriated by Congress in a major test of Mr. Trump’s efforts to wrest the power of the purse from the legislature.
In its brief order, the court’s conservative majority said the president’s ability to conduct foreign affairs “appear to outweigh the potential harm” faced by foreign aid recipients. The court cautioned that its decision, technically a temporary holding while litigation continues through the lower courts, “should not be read as a final determination on the merits.”
The three liberal justices dissented, saying the issue before the court is too consequential to address through the emergency docket without full briefing or argument.
Legal reasoning offered by the majority to justify the executive usurpation of the power of the purse: none.
Kagan, after clearly explaining why the Trump administration’s argument that the Impoundment Control Act preclude the lawsuit is facially inconsistent with the text, purpose, and history of the statute:
Because of the September 30th deadline staying the lower courts means that the duly appropriated money will not ever be disbursed. Alas, the only balance of equities rule being currently applied by the Supreme Court is “Trump wins.”