Posted on 03/06/2025 6:33:08 AM PST by bertmerc1
Mark Smith's argument in favor of this decision are well reasoned and worth a listen. I know folks don't want to spend their time listening to youtube videos but this, I promise you is well worth it. Enjoy!
I listen to him a lot for the 2A content.
Someone please post a one sentence summary “bertmerc1” couldn’t.
Essentially, this was about paying contractors who had already performed work and had invoiced the government. It was for goods and services delivered prior to the freeze.
That sounds rational.
I scanned the transcript quickly and here’s my take.
The video’s assertion that the Supreme Court’s decision is “fine” and concerns are “overblown” stems from the understanding that the current ruling pertains to a procedural aspect (the TRO) rather than a final judgment on the substantive issues. The legal process will continue, providing further opportunities for the administration to contest the disbursement of the funds.
It’s not fine. The squishes don’t want to take on the real issue, as Alito raised in dissent. TROs against the President intrude on the powers of the executive. It isn’t about the fact that TROs are not appealable. It’s about the powers of the courts vs powers of the Executive.
It takes the guy a long time to get to his point, but I think the bad judge started this off as a Temporary Restraining Order which would force Trump to pay billions to contractors. And a Temporary Restraining Order is not appealable, so Trump would have no choice but to pay out the money that he is reluctant to pay. The judge basically attempted to put Trump in a box.
But the Supreme Court stepped in and stayed the decision, causing the payment deadline to expire and then changed the case to a Preliminary Injunction, which is appealable, so that Trump can fight this through additional judicial layers. Trump is out of the box.
Take your argumentativeness elsewhere.
This TRO should have been rejected in its' entirety by the Supreme Court. Sending it back to the District Court for procedural revisions only delays the inevitable confrontation.
The Federal District Courts continue to assert powers over the Executive branch which are not legitimate under the Constitution and not consistent with even a functioning Executive branch.
It is way past time to trim back the claimed powers of the District Courts.
Having said that ... this situation also makes it very clear that the American judiciary system has become overly complex over many decades and needs cleansing. There's at least a century of accumulated bad procedure, false precedents, etc. that need to get stripped away. It made me think of something that has been repeatedly repainted over the years, but never stripped down to original wood and re-primed. Lots of layers of crud need to be removed.
He explains in the video that that’s not the way TROs work.
I am not being argumentative. I am pointing out the other side.
The ruling concerns bills previously submitted.
My take is that every contract contains a right to audit clause.
With hold funds and issue an intent to audit.
Nobody wants to go through one of those.
My guess is they will fold like a house of cards
They way I see it and Bottom line is Trump as president has the authority given to him by the constitution, there is no discussion period. Why are the republicans sitting on their hands when it comes to these Biden and odingo placed lower judges having control over the decisions of the president.
Now SCOTUS chimes in, in agreement
When you think you appoint conservatives, but you appointed institutionalists....
Sorry for being so crabby. I wasn’t taking a position on the video, just responding to someone who wanted a brief summary of it.
The order that SCOTUS upheld was a Temporary Restraining Order (TRO), not a Preliminary Inunction Order (PIO). The difference is that a TRO cannot be appealed, but has an extremely short duration. Roberts knew the TRO would soon expire and become moot (and already has, as of today). The matter then goes back to the district court as a PIO, which CAN be appealed, any number of times. Bottom line: Trump administration will not be writing any checks for these payments.
Thank you all!
The logic behind this is that Musk should not rescue the astronauts because Boeing has a contract.
Lol.
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