Here Is The Capable USDC Judge Amir Ali's Prelim. Inj., In DC -- Against Tangerine 2.0's Lawless Attack On USAID. Onward -- Thanks Anon.!

And the launch coverage of SPHEREx is about to get underway (see the fourth post, below), so I am hopping about a bit -- but I wanted to get this one up right away. And it is exactly as we predicted it would all turn out.

Here is the 48 page opinion -- and the bangin' start of it:

. . .The provision and administration of foreign aid has been a joint enterprise between our two political branches. That partnership is built not out of convenience, but of constitutional necessity. . . .

This case involves a departure from [a] firmly established constitutional partnership.

Here, the Executive has unilaterally deemed that funds Congress appropriated for foreign aid will not be spent. The Executive not only claims his constitutional authority to determine how to spend appropriated funds, but usurps Congress’s exclusive authority to dictate whether the funds should be spent in the first place. In advancing this position, Defendants offer an unbridled view of Executive power that the Supreme Court has consistently rejected—a view that flouts multiple statutes whose constitutionality is not in question, as well as the standards of the Administrative Procedure Act (“APA”). Asserting this “vast and generally unreviewable” Executive power and diminution of Congressional power, Defendants do not cite any provision of Article I or Article II of the Constitution. See generally Glob. Health, ECF No. 34.

When courts have confronted Executive overreach of the foreign policy power in the past, they have stood prepared to reaffirm Congress’s role. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 587–89 (1952); Zivotofsky, 576 U.S. at 62 (Roberts, C.J., dissenting) (“For our first 225 years, no President prevailed when contradicting a statute in the field of foreign affairs.”). . . .

Onward. We will take this nation back from the knuckle-walkers. One federal decision at a time. Trust that. And. . . launch time! Update: Weather issues; will try again tomorrow.



नमस्ते