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Down But Not Out: The Supreme Court Rules 5-4 Against the Freezing $2 Billion in USAID Funds
https://jonathanturley.org ^ | 3/5/2025 | JONATHAN TURLEY

Posted on 03/06/2025 6:38:52 AM PST by bitt

In an interesting 5-4 split, the Supreme Court has denied the Trump Administration’s application for a stay of a district court’s temporary restraining order (TRO) against the Administration’s effort to freeze $2 billion in funds from the U.S. Agency for International Development. The Administration is down by one vote but hardly out in the fight with lower courts over the control of this funding.

The unsigned order in Department of State v. AIDS Vaccine Advocacy Coalition refuses to stay the temporary restraining order of U.S. District Judge Amir Ali to force the payment of the money frozen by the Administration.

However, there is more than meets the eye in this short, unsigned opinion.

While unsigned, it is clear that Chief Justice John Roberts and Associate Justice Amy Coney Barrett joined the three liberal justices. The reason is the dissent of Associate Justice Samuel Alito, who was joined by Justices Thomas, Gorsuch, and Kavanaugh.

The dissent has sharp elbows for both Judge Ali and the five justices in the majority:

Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the Government of the United States to pay out (and probably lose forever) 2 billion taxpayer dollars? The answer to that question should be an emphatic “No,” but a majority of this Court apparently thinks otherwise. I am stunned.

Alito acknowledged the lower court’s “frustration with the Government” as well as the “serious concerns about nonpayment for completed work.” However, he noted that this is “quite simply, too extreme a response. A federal court has many tools to address a party’s supposed nonfeasance. Self-aggrandizement of its jurisdiction is not one of them.”

The key here is that this was a controversial move to review a TRO, which is generally not reviewable. What is clear is that there are four justices who were still prepared to do so and would obviously be likely to grant review in the next round.

That next round would come after the hearing on the preliminary injunction, which is scheduled for March 6th.

It can then be appealed to these awaiting justices. Only four are needed to grant review, so you do the math.


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: freezing; jonathanturley; scotus; supremecourt; usaid; usaidfunds
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1 posted on 03/06/2025 6:38:52 AM PST by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

P


2 posted on 03/06/2025 6:39:05 AM PST by bitt (<img src=' 'width=30%>)
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To: bitt

Remarkable speed that the black robed tyrants can work at when Fedzilla is attacked..


3 posted on 03/06/2025 6:41:55 AM PST by delchiante
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To: bitt

“AIDS Vaccine Advocacy Coalition”

I think I see the problem.


4 posted on 03/06/2025 6:44:44 AM PST by bk1000 (Banned from Breitbart)
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To: bitt

Why not let the administrative department heads decide what is good and what is fraudulent. The lower judges put in place by Biden and Obama are muddying the waters as they were put in place to do. The plan to inhibit the trump administration and trump from moving forward with his agenda. Not happy with SCOTUS


5 posted on 03/06/2025 6:45:53 AM PST by ronnie raygun
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To: ronnie raygun

Any judges appointed by Xiden and Obeyme need to be impeached pronto.


6 posted on 03/06/2025 6:46:40 AM PST by No name given ( Anonymous is who you’ll know me as)
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To: bitt

It appears everything funded by the government has an unassailable child on crutches cover story while behind the story is a monstrous use of taxpayer dollars for other nefarious purposes.


7 posted on 03/06/2025 6:46:51 AM PST by Gen.Blather
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To: bitt

If you read the ruling, this money was to pay previously submitted bills.
Even the fed has to pay their bills.
Correct ruling.
However, every contract between a corporation (Fed) and a vendor should contain a right to audit clause.
Nobody wants to go through an audit.
With hold funds and issue notification to audit.
They will more than likely fold.


8 posted on 03/06/2025 6:52:08 AM PST by joe fonebone (And the people said NO! The End)
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To: bitt

The temporary order ends today, so there’s no point in disbursing until.


9 posted on 03/06/2025 6:59:34 AM PST by struggle
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To: bitt

STUPID GIRLS A D A BISEXUAL!


10 posted on 03/06/2025 7:04:48 AM PST by Ann Archy (Abortion.....the HUMAN Sacrifice to the god of Convenience.)
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To: bitt

I wonder why the SCOTUS is so worried that this slush fund remains loaded with big bucks.


11 posted on 03/06/2025 7:14:15 AM PST by FlingWingFlyer (SCOTUS stuck it to Americans again. Africa and other failed communist dumps are our responsibility.)
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To: bitt

Amy Conehead Barrett is a full on leftist now, she is pretty much just one of the sisterhood now...the four females and Roberts.

Everyone see that nasty look on her face at the State of the Union?
I knew she was trouble the day she got sworn in. Drove her family that included the mandatory Haitian adoptee to the swearing-in in her minivan. Her husband was a passenger.

That empty notepad doesn’t seem so cute now, does it?
She was a DEI pick, chosen for being a female and she had to be a female because that was Ginsberg’s seat.

And she’s 53, so we have about 40 more years of her leftist deep state advocacy.


12 posted on 03/06/2025 7:23:46 AM PST by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2025... RETURN OF THE JEDI...)
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To: bitt
Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the Government of the United States to pay out (and probably lose forever) 2 billion taxpayer dollars?

This clown isn't even an American. He was born in Canada and still has Canadian citizenship. There is no such thing as a Canadian-American. It would appear to any normal person that he only has American citizenship for convenience. It allows him to get a job working for the U.S. Government. One of Bidenskyyyyy's butt boy moles given this anti-Trump judgeship only 17 days AFTER TRUMP WAS ELECTED. Another one of Joe Pedo's black-robed "pipe bombs" placed by the pedo to take out President Trump.

13 posted on 03/06/2025 7:25:56 AM PST by FlingWingFlyer (SCOTUS stuck it to Americans again. Africa and other failed communist dumps are our responsibility.)
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To: bitt

Thanks for posting this.

I see the ignorant posting to your thread is in full swing and usually by the same group. They simply can’t understand.


14 posted on 03/06/2025 7:26:31 AM PST by Fury
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To: bitt

Release the funds...it will be interesting to see exactly WHERE THE FUNDS GO...I MEAN REALLY...GO.


15 posted on 03/06/2025 7:27:12 AM PST by Maris Crane
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To: joe fonebone

Re: 8 - thanks for adding some reasonable points. I doubt they will register with the usual posters.


16 posted on 03/06/2025 7:27:56 AM PST by Fury
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To: Maris Crane

Release the funds….very slowly and with much review.


17 posted on 03/06/2025 7:28:49 AM PST by kaktuskid
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To: bitt

This really pi$$es me off because several states have been waiting years to have AWB cases heard and they run this up the flagpole within weeks. WTF


18 posted on 03/06/2025 7:33:53 AM PST by BobinIL
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To: joe fonebone

I am a bit frustrated at the reactions of this decision. My reading of this is also payment for service rendered, which whether we like the service or not, have to be paid.

Now, there are many ways to define that a work is completed or not.


19 posted on 03/06/2025 7:35:47 AM PST by paudio (MATH: 45<47)
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To: bitt

Get the authorization from Congress and force the Democrats to publicly support wasteful and outlandish spending.


20 posted on 03/06/2025 7:43:05 AM PST by Petrosius
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