Dem
47
GOP
53
Yesterday, in a narrow, unsigned 5-4 ruling, the Supreme Court rejected the Trump administration's claim that it didn't have to spend $2 billion on certain foreign aid as Congress directed. Chief Justice John Roberts joined the four female justices in the majority. The Court did not direct the president to release the funds immediately. Instead it sent the case back to the district judge to give the order.
This result is good news for Trump. When Richard Nixon impounded funds Congress had appropriated, Congress did not take that well and passed a law, The Impoundment Control Act of 1974, that specifically requires the president to spend every cent Congress has appropriated for the purpose Congress has designated. This has been the law for over 50 years. Now four of the nine justices have voted to say that the president also doesn't have to follow this law. In the next case that comes up, it could be 5-4 the other way. If the justices had voted based on the law rather than on their feelings about Donald Trump, it would have been 9-0 against Trump.
The case made it to the Supreme Court at supersonic speed. On Feb. 13, 2025, U.S. District Judge Amir Ali ordered some of the USAID money to flow as Congress had directed it. The administration refused to comply. Then the judge set a deadline for compliance. The administration ignored the deadline but rushed an appeal to the Supreme Court, which it has now lost 5-4. What will happen when the judge once again orders the administration to spend the money and it once again refuses? Could this be the first case in which the administration simply defies the Court openly and says: "What are you going to do about it?" We may soon see. (V)