But meanwhile - here is Jonathan Turley - who "sometimes" gets it right...
{excerpt}
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.
~~~
so, Turley seems to believe that the ruling yesterday will force the lower court judge to be more specific on what he orders DJT to pay out - the judge attempted to enforce US payment by the issue of a TRO - which normally would not be appealable as it is 'temporary'. Turley believes once the judge has done so, there are already four required justices to push a review at the USSC.
The hearing on the preliminary injunction is today (March 6, 2025) so...we will see
https://jonathanturley.org/2025/03/05/down-but-not-out-supreme-court-rules-5-4-against-the-administration-over-hold-on-2-billion-in-usaid-funds/
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