Another day, another Supreme Court ruling that leaves conservatives shaking their heads and wondering what exactly Chief Justice John Roberts and Amy Coney Barrett are thinking. The Court’s 5-4 decision to reject President Trump’s request to keep USAID’s billions frozen is a classic example of the so-called “conservative” justices playing footsie with the left.
President Trump, in his relentless effort to actually hold the government accountable (a radical idea in D.C., apparently), had the Department of Government Efficiency auditing USAID’s spending. Why? Because when it comes to government contractors feeding at the taxpayer trough, waste, fraud, and abuse are practically written into the contracts. The administration wasn’t saying these companies wouldn’t get paid—just that payments needed to be reviewed first. Seems reasonable, right?
Not to the Supreme Court, apparently. The majority, which included Roberts (surprise, surprise) and Barrett (disappointing, to say the least), decided that keeping the funds frozen wasn’t necessary. Instead, they kicked the can down to the lower courts, which, as we all know, means endless delays and legal maneuvering that will eventually force taxpayers to cough up the money without real accountability.
Justice Samuel Alito wasn’t having it. His dissent was a thing of beauty, calling out the majority for what it was: a judicial power grab that will cost the American people $2 billion. His words—“stunned,” “judicial hubris,” and “self-aggrandizement of jurisdiction”—perfectly describe the majority’s logic. The courts have plenty of ways to deal with disputes like this, but instead, they took the most extreme option, siding with contractors who are likely more concerned about their bottom line than anything else.
“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?” Alito wrote. “The answer to that question should be an emphatic ‘No,’ but a majority of this Court apparently thinks otherwise. I am stunned.”
Of course, the usual media mouthpieces are downplaying the significance of this. CNN’s Supreme Court analyst Steve Vladeck tried to reassure everyone that this ruling doesn’t force the Trump administration to cut the checks right away. Oh, great—so we’re just waiting for another court to do that. That’s not much of a win, Steve.
The biggest takeaway here? The Supreme Court is going to be split down the middle on every major Trump-related case going forward. And if anyone was still hoping that Roberts and Barrett were reliable conservative votes, this should be a wake-up call. Conservatives put Barrett on the bench expecting a constitutional originalist, not someone who sides with the liberal justices on high-stakes decisions like this.
Expect fireworks at today’s White House press briefing. If there’s one thing this administration isn’t afraid of, it’s calling out judicial overreach when they see it.
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