Democrats Win: Judge Blocks Trump From Using OMB To Freeze Federal Funds

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There is a perception that Democrats aren’t doing anything to fight back against Trump. Because of the lack of a majority in the House or Senate and the fact that the Democratic pushback gets zero coverage in mainstream media, some people think that Democrats aren’t doing anything.

Democrats are very busy pushing back on Trump, and when it comes to the courts, they’ve been incredibly successful.

Much of that success has come from lawsuits filed by Democratic state attorneys general, who experienced more success on Thursday when a federal judge ruled that Trump can’t use the Office of Management and Budget to freeze federal funds.

Judge John McConnell issued a federal injunction banning the Trump administration from using an OMB directive to freeze federal funds.

Judge McConnell wrote:

The Executive’s categorical freeze of appropriated and obligated funds fundamentally undermines the distinct constitutional roles of each branch of our government. The interaction of the three co-equal branches of government is an intricate, delicate, and sophisticated balance—but it is crucial to our form of constitutional governance.

Here, the Executive put itself above Congress. It imposed a categorical mandate on the spending of congressionally appropriated and obligated funds without regard to Congress’s authority to control spending. Federal agencies and departments can spend, award, or suspend money based only on the power Congress has given to them–they have no other spending power.

The Executive has not pointed to any constitutional or statutory authority that would allow them to impose this type of categorical freeze. The Court is not limiting the Executive’s discretion or micromanaging the administration of federal funds. Rather, consistent with the Constitution, statutes, and caselaw, the Court is simply holding that the Executive’s discretion to impose its own policy preferences on appropriated funds can be exercised only if it is authorized by the congressionally approved appropriations statutes.

Accordingly, based on these principles and the reasons stated below, the Court grants the States’ Motion for Preliminary Injunction.

McConnell’s explanation for why he granted the injunction is very important.

The only way that the Executive Branch can legally freeze funds is if it is granted that authority by congressional statute. There is no way that Congress will give up its power of the purse, so Trump’s end run around congressional authority is unconstitutional.

All of the court decisions matter on several levels. The Supreme Court already ruled against Trump freezing funds yesterday, and if the other funding freezes come before them, the Court is likely to keep ruling against Trump.

The rulings also help to reinforce to the public that what Trump is doing is wrong. They help Democrats make the case against Trump and why voters need to put a check on him by electing a Democratic House majority.

Each time Trump loses in court on this issue, it reinforces the Constitution and stops this president from setting a precedent and expanding executive power.

Democratic AGs are getting it done at the state level, and their efforts are protecting our system of government.

What do you think about what the AGs are doing? Give me your opinion in the comments below.

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