TMP: “In a stunning win for President Trump, the Supreme Court on Friday used its emergency docket to clear the way for him to continue to withhold billions of dollars in foreign aid despite congressional authorization of the monies. The decision implicitly ratified the president’s use of a pocket rescission, the refusal to spend the money before it expires tomorrow at the end of the fiscal year. In the second fiery-for-her dissent of the week, Justice Elena Kagan noted that the court’s decision meant the foreign aid monies will now never reach the intended recipients and castigated the administration’s position that it would suffer irreparable harm by … following the law:
[T]hat is just the price of living under a Constitution that gives Congress the power to make spending decisions through the enactment of appropriations laws. If those laws require obligation of the money, and if Congress has not by rescission or other action relieved the Executive of that duty, then the Executive must comply. It cannot be heard to complain, as it does here, that the laws clash with the President’s differing view of “American values” and “American interests.” That inconsistency, in other words, is not a cognizable harm, to be weighed in the equitable balance. It is merely a frustration any President must bear…”