Yesterday, the BBC ran a very encouraging story headlined, “
Trump foreign aid freeze to stay for now, US Supreme Court chief rules.” Brand-new US District Judge Amir Ali, 39, the country’s first Muslim-Canadian federal judge (dual citizen), had issued a TRO ordering President Trump to release about $2 billion worth of frozen payments to USAID regime-change contractors by midnight on Wednesday. They thought Ethiopian LGBTQ+ puppet shows were back on the billings. But no.
As yesterday’s midnight deadline approached, the Trump administration appealed to the Supreme Court, arguing it would be impossible to process claims in any orderly fashion in such a short period of time. The Court responded promptly. Chief Justice Robert’s short order said Judge Ali’s commands to unfreeze USAID were “stayed pending further order of the undersigned or of the Court.”
A couple legal points are worth noting. First, the Trump team first tried to appeal to the DC Circuit, which refused to hear the issue. So this Supreme Court slapdown is even more humiliating to the DC Circuit than to Judge Ali, assuming the Circuit is capable of embarrassment at this point. Second, the USAID payments sit at the intersection of peak Executive Power, since the President controls not just the Executive Branch, but has sole authority over foreign relations.
The primary plaintiff, the AIDS Vaccine Advocacy Coalition, was probably picked because it (allegedly) relates to AIDS, a scary subject that makes for a good sound bite. But it might not have been the best pick.
The Coalition’s most recent non-profit disclosure form (called a ‘990’), shows that out of a $14 million taxpayer-funded budget, over $9 million paid the salaries and expenses of the Coalition’s managers and employees. In other words, it’s ripe for an audit.
But Justice Robert’s order was possibly even better. Its second sentence set a deadline for responses by tomorrow at noon. Which means the Supreme Court is taking hold of the case. They’re not risking Judge Ali issuing any more diktats inviting a Constitutional showdown.
Thus, thanks to Judge Ali’s wild overreach, this case has all the makings of a landmark ruling on executive power. If the Court goes beyond just issuing a temporary stay—perhaps delivering a definitive smackdown—it could set precedent limiting future attempts by activist judges to hijack executive policy through the courts. Given that tomorrow’s deadline suggests an expedited review, we might not have to wait long to see how this plays out.
I told you about those TROs.
Americans trust Trump more than media; WaPo supports freedom and libs don't like it; jab injury Overton shift; military trans wars flame back up; Trump expands DOGE; MAHA order for hospitals; more.
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