Here's that latest opinion -- Trump is now about 1-20, with only the allowance of his "voluntary severance offer" having survived a TRO motion in one court. His other would-be "mandatory closures" orders are all essentially in mothballs. This is how checks and balances work:
. . .[T]here has been no explanation offered in the record, let alone a “satisfactory explanation . . . including a rational connection between the facts found and the choice made,” as to why reviewing programs -- many longstanding and taking place pursuant to contractual terms -- required an immediate and wholesale suspension of appropriated foreign aid. . . .
[The Tangerine 2.0 attempt at] implementation of the blanket suspension is likely arbitrary and capricious given the apparent failure to consider immense reliance interests, including among businesses and other organizations across the country. No aspect of the implemented policies or submissions offered by Defendants at the hearing suggests they considered and had a rational basis for disregarding the massive reliance interests of the countless small and large businesses that would have to shutter programs or shutter their businesses altogether and furlough or lay off swaths of Americans in the process. . . .
Defendants’ argument also presupposes that this is an area where the President has exclusive authority and runs into Plaintiffs’ contention that the President was acting in violation of the separation of powers because he “does not have unilateral authority to refuse to spend the funds” Congress appropriates. In re Aiken County, 725 F.3d 255, 261 n.1 (D.C. Cir. 2013). . . .
Onward. Be excellent to one another -- I'm out!
नमस्ते
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