Comment Rescue: DavidTC on the Supreme Court’s ruling on the Unfreezing of Funds

From Roll Call: Supreme Court orders clarity on order unfreezing USAID funds

So, we have a bunch of Supreme Court justices showing their true colors there.

For those who do not remember what happened, a lawsuit was filed about USAID about the failure to pay debts that were already incurred and mandated by law, and Judge Amir Ali of the U.S. District Court issued an order saying ‘No, you have to keep paying those for now, the law provides a way to claw back fraudulent purchases and it gives absolutely no ability to do what you are doing’.

They were given a deadline of fifteen days. Fifteen days passed.

The judge issued _another_ order, saying ‘I am not kidding, do this in the next two days, or I will start throwing lawyers in jail for content’.

The government, having failed to follow the first court order, then panicked and tried to get the Supreme Court to step in. (Like, we’re already at a bad place here. You can’t fail to follow court orders for two weeks and then, at the deadline, run somewhere else.)

The Supremes did, pausing that order for a week, until they ruled. Well, that just happened, they said ‘Of course you have to follow that, it’s a judge, you’re in a lawsuit, you have to do what he says.’. …or at least, the people on the court who believe in some sort of rule of law did.

From others, you get this nonsense:

“Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the Government of the United States to pay out (and probably lose forever) 2 billion taxpayer dollars? The answer to that question should be an emphatic ‘No,’ but a majority of this Court apparently thinks otherwise,” Alito wrote. “I am stunned.”

Hey, Alito, pssst: What compels the US government to release the funds is the _law_. Both appropriations and, perhaps more relevantly, normal contract law. They did the work, the government has to pay them. Which a judge just ruled on.

And they _did_ appeal it. To literally the Supreme Court. Were you not paying attention?

And how does a District of Columbia district court judge not have jurisdiction over ‘Someone suing the Federal government for not getting paid, which was apparently done by decisions at the White House’? What are you talking about? Who has jurisdiction instead?!

Also, aren’t you the same people who have no problem with a single Texas judge issuing restraining orders outlawing medications across the entire US?

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Anyway, we have two fun questions here:

Will the US government decide to comply with this?

Who knows.

The second question is funnier: Can the US government comply with this, or is it so dysfunctional that it cannot put this stuff together in time?

They are already a week past the second deadline, which itself was a few days after the actual original deadline. The Supreme Court just said the judge should ‘clarify what obligations the Government must fulfill to ensure compliance with the temporary restraining order, with due regard for the feasibility of any compliance timelines.’, but honestly, as the Government has made absolutely no effort at any point to actually met any deadline, I suspect we’re going to get Judge Amir Ali saying ‘The first order of business today is where I make up a list of people who go to jail tomorrow if it is not done by then.’

The really really funny thing is if the US government cannot actually manage to do it in that timeframe, because the power to do it is in the hands of some 25-year-old techbro who does not actually understand the magnitude of what is going on, and possibly cannot be located in the timeframe because he’s ran off to fire all gay people at the NSA or whatever.

Which sounds unfair, but I remind everyone the government had two weeks to do this, in which they did nothing, then had another week do to this, and if they again did nothing, and are not ready to actually do this, they deserve to be pretty strongly sanctioned by the court.