Supreme Court Justice Amy Coney Barrett was supposed to be Donald Trump’s legacy.
But Barrett had other ideas.
And Amy Coney Barrett flipped to the Democrats with this stunning move.
As Swamp Digest reports:
The major fight in the early stages of President Trump’s second term is whether he is actually the acting President or not.
Bureaucrats and rogue judges are conspiring to run the executive branch through lawsuits that effectively strip Trump of his Article II powers.
In lawsuits over spending freezes and firings, bureaucrats want to establish themselves as a fourth branch of government that never answers to the President.
Judges are using these lawsuits to usurp Trump’s constitutional powers and declare themselves President.
That happened in a case where Biden nominee U.S. District Judge Amir Ali ordered the administration to pay out $2 billion in USAID grants after Trump ordered a pause in foreign aid spending.
The judge gave the administration 36 hours to comply.
The Trump administration filed an emergency appeal with the Supreme Court to block the order to pay out the money until the court could hear arguments on the merits of the case.
But Barett and Chief Justice John Roberts joined the court’s three liberals in rejecting Trump’s appeal.
“The application is denied. Given that the deadline for the challenged order has now passed, and in light of the ongoing preliminary injunction proceedings, the District Court should clarify what obligations the Government must fulfill to ensure compliance with the temporary restraining order, with due regard for the feasibility of any compliance timelines,” the order read.
The ruling tried to nudge Judge Ali by asking him to “clarify” his ruling, which was code for “don’t make us step in” later.
Justice Samuel Alito authored a dissent joined by Clarence Thomas, Brett Kavanaugh, and Neil Gorsuch that scorched the bark off the face of Judge Ali.
The conservatives slammed Ali – and the other resistance judges issuing similar rulings – as megalomaniacs who are threatening the constitutional order.
“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 stated
Alito also ripped Barrett and other justices in the majority for not realizing they were enabling a constitutional crisis.
“The answer to that question should be an emphatic “No,” but a majority of this Court apparently thinks otherwise. I am stunned,” Alito added.
Alito tore into Judge Ali for engaging in an “act of judicial hubris” and said the extreme order Ali issued shouldn’t fly.
“Today, the Court makes a most unfortunate misstep that rewards an act of judicial hubris and imposes a $2 billion penalty on American taxpayers. The District Court has made plain its frustration with the Government, and respondents raise serious concerns about nonpayment for completed work. But the relief ordered is, quite simply, too extreme a response. A federal court has many tools to address a party’s supposed nonfeasance. Self-aggrandizement of its jurisdiction is not one of them. I would chart a different path than the Court does today, so I must respectfully dissent,” Alito continued.
This case is foundational to the idea of separation of powers.
If Donald Trump doesn’t have the authority to make spending decisions in regard to funds that are entirely under his purview, then America no longer has a President.