The Supreme Court has issued a Stay (warning: PDF):
UPON CONSIDERATION of the application of counsel for the applicants,
IT IS ORDERED that the February 25, 2025 orders of the United States District Court for the District of Columbia, case Nos. 1:25-cv-00400 and 1:25-cv-00402, are hereby stayed pending further order of the undersigned or of the Court. It is further ordered that any response to the application be filed on or before Friday, February 28, 2025, by 12 p.m. (EST).
The order is signed John Roberts
Have you ever wondered if there was ever going to be Judicial pushback against Marbury v. Madison?
Sometimes I have.Report
What orders are these stays for?
I know there was a push from some on the left a few years back for Judicial review to be sidelined. Good thing that never went anywhere.Report
There was an Executive Order that said “we’re not sending this USAID money out no more” and a couple of judges said “nope, the Executive doesn’t have the authority to do that! We’re putting a block on the Executive!” and this is yelling “WHOA WHOA WHOA”.
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I think it’s worth not getting into a situation where we need to find out whether the Judicial Branch has a way to enforce its decisions that doesn’t involve the Executive Branch.Report
You’d think that the Judicial Branch would have agreed.Report
Thanks for clarifying.
Once Trump started ignoring the law, there were only two options and the other was declaring Trump King. I think this was the better path here.Report
Already done, sir. We’re just seeing the aftermath.Report
With any luck, we’ll see the Supreme Court uphold Justice Ali’s ruling, I guess.Report
Should any of us be wondering how any court in the United States would rule on a clearly unconstitutional move by the executive? That said, SCOTUS has already put the office above the law, so maybe the case is already moot.Report
It doesn’t strike me as unconstitutional on its face and management of (some of) USAID’s funding seems to fall under the powers of the Executive.Report
I highly doubt if any of this has happened: https://www.gao.gov/products/095406
The law is clearly being flouted.Report
“Clearly”
I’m not sure how clear it is.Report
An executive order is not the law.Report
True enough. But if the law sets up something like a department that will be managed by the executive, how the executive manages the department falls under the executive even if the department was created by the law.Report
The executive is required by law to report to Congress why the money appropriated is not being spent.Report
And to seek congressional approval for spending it differently.Report