It would be if that were the case. But the contention is that the funds are public, not private.
I think it's ironic that people who say things like that feel the need to obfuscate the issue.
No, it's not obfuscating the issue. It's libertarians doing what they supposedly don't like - using the court system to interject themselves where the law doesn't allow them to be. It's just as bad as the lame democratic challenges to the florida results - use whatever tenuous links you can find to get a court hearing and hope you find a sympathetic ear.