Friday, January 31, 2025

Small Update -- A Rhode Island Federal Court Judge Just Entered A Nationwide TRO -- Against Tangerine 2.0, Tonight...


We put this bit in a comment to the last post, but it deserves its own highlight. It very succintly states how wrong-headed all of Tangerine 2.0's premises -- as to Constitutional law. . . are. Consider the TRO just entered in Rhode Island, against Tangerine 2.0's lawlessness here:

. . .[Trump’s] statement that the Executive (Trump) has a duty "to align Federal spending and action with the will of the American people as expressed through Presidential priorities,' (ECF No. 48-1 at 11) (emphasis added) is a constitutionally flawed statement. [Trump, as the] Executive Branch has a duty to align federal spending and action with the will of the people as expressed through congressional appropriations, not through "Presidential priorities". U.S. Const, art. II, §3, cl. 3 (establishing that the Executive must "take care that the laws be faithfully executed. . .").

Federal law specifies how the Executive should act if it believes that appropriations are inconsistent with the President's priorities — it must ask Congress — not act unilaterally. The Impoundment Control Act of 1974 specifies that the President may ask that Congress rescind appropriated funds. Here, there is no evidence that [Trump, acting as] the Executive has followed the law by notifying Congress and thereby effectuating a potentially legally permitted so-called "pause
. . . ."


That’s precisely correct. Out.

नमस्ते

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