Paul Blumenthal is a senior reporter with the HuffPost Politics team based in Washington, D.C. He covers courts, elections, political economy and political history.
’s order to freeze all federal grants, loans and financial assistance on Monday could provoke a blockbuster case on the president’s authority to subvert the separation of powers and control spending without Congress’ input.in order to “advanc administrative priorities” and root out “Marxist equity, transgenderism, and green new deal social engineering policies.
Presidents are allowed to delay congressionally-authorized spending in some circumstances under the law. They can defer spending in the case of contingencies that have arisen, to reduce costs or improve efficiency, or if the law tells them they can. These deferrals cannot be granted, however, if the president intends on rescinding the funds in the future.
“The OMB memo makes it very clear this is about policy disagreements,” said Josh Chafetz, a constitutional law professor at Georgetown University Law Center.The memo also “makes clear,” according to Super, that Trump intends to rescind at least some of the funds he’s frozen, in violation of the law. Vought, who has been nominated but not yet confirmed to lead OMB again, and Trump are now fomenting a constitutional showdown in the courts with their broad spending freeze.
Russ Vought, Trump's nominee to lead the Office of Management and Budget, believes that presidents have the constitutional power to not spend money appropriated by Congress.In a case that preceded the passage of the Impoundment Control Act, the Supreme Court ruled in Train v. City of New York in 1975 that presidents cannot impound funds authorized by Congress unless the law in question allows them to.
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