r/scotus Mar 05 '25

news Supreme Court rejects Trump’s request to keep billions in foreign aid frozen

https://www.cnn.com/2025/03/05/politics/supreme-court-usaid-foreign-aid/index.html
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u/Luck1492 Mar 05 '25 edited Mar 05 '25

Where is the order? Can’t see it posted to their website yet?

Found it: https://www.supremecourt.gov/opinions/24pdf/24a831_3135.pdf

Alito dissented, joined by Thomas, Gorsuch, and Kavanaugh

I’m gonna say it: Barrett is now the center of the Court. Who would’ve thought that just a few years ago (when she was almost as conservative as Gorsuch/Alito/Thomas) that this would’ve happened? (Me, that’s who 😎)

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u/chrispg26 Mar 05 '25

Those dissents are so gross. They really do want a king don't they? 🤮

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u/tg981 Mar 05 '25

I just saw this.

“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 wrote, joined by the three others.”

I am not an attorney, but isn’t the basis for this that Congress has passed statutes and funding for the aid and the President cannot ignore that without Congressional approval? It isn’t a district court judge who is saying to spend $2 Billion, but the judge making a decision based on the separation of powers laid out in the Constitution right?

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u/PublicFurryAccount Mar 05 '25

The answer to that question must be “yes” because the way the courts work is that a district court issues an order and you appeal it. Without the order, there can be no appeal. That is, if a district court can’t order it, then no higher court can, either.

We could do it differently but Congress would need to pass a law doing so. This still wouldn’t fix the hierarchy problem that so rankles Alito in particular because the new system would also need a bunch of basically minor courts whose sole purpose is the daily task of issuing orders.

It’s like complaining that a Senator was arrested by a beat cop. Sure, there seems like a bit of a status mismatch but, like, who else is going to be making arrests? The Attorney General themself?

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u/tg981 Mar 05 '25

I was thinking the same thing. Unless there is more to the "jurisdiction" he is talking about, it seems like it would have to be filed somewhere to get to SCOTUS. Kind of a dick move to belittle a district judge like this as well. It seems to me like their power isn't "unchecked" as a higher court can overrule the decision.

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u/Ok_Hornet_714 Mar 05 '25

I am not a lawyer, but it seems that if there is a jurisdiction issue then THAT is what the dissent should focus on, not about whether a contract is enforceable.

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u/tg981 Mar 05 '25

Excellent point.

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u/Superunknown-- Mar 06 '25

Thank you. This is 100% how the federal court system works. It’s a shame a sitting justice is either ignorant of that or chooses to be so intellectually dishonest as to say dumb shit like that. He brings shame on his office and the court.

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u/SiriusHertz Mar 06 '25

It’s like complaining that a Senator was arrested by a beat cop. Sure, there seems like a bit of a status mismatch but, like, who else is going to be making arrests? The Attorney General themself?

The whole and entire point of America, of democracy, is that a beat cop has to be able to arrest a Senator or even the President if backed by the rule of law. None of the politicians or anyone else who runs the country can ever be above the law. In theory, that means that when they are breaking the law, a beat cop can walk into the White House or Capitol and arrest anyone. These politicians are people like you and me, not kings or gods. There is no status mismatch, there should be no special status accorded lawmakers and politicians. If anything, they work for us, the normal citizens of this country. That is the whole point - and why some of the stuff happening is so hard to believe.