Trump risks legal clashes in plans to not spend appropriations

[BumRushDaShow]

Source: Roll Call

Posted December 12, 2024 at 5:15pm, Updated December 17, 2024 at 4:41pm


The incoming Trump administration plan to slash federal spending would have to overcome decades of court decisions and likely face a Supreme Court showdown, experts say, a legal headwind highlighted by President-elect Donald Trump’s choice of deputy director for the Office of Management and Budget. Trump and allies, including OMB director pick Russ Vought and external advisors Elon Musk and Vivek Ramaswamy, have argued the president can unilaterally choose not to spend funds appropriated by Congress — a process known as impoundment.

A 1974 law called the Impoundment Control Act mandates that presidents spend funds appropriated by Congress. A report published by the Vought-led Center for Renewing America argued that the appropriations clause only put a “ceiling” on federal funding and said the 1974 law was an “unprecedented break” with the nation’s history.

The report said that “for much of the Nation’s history, such a congressional power was so beyond the realm of constitutional permissibility that it was almost never even asserted.” Musk and Ramaswamy, tapped to lead the so-called Department of Government Efficiency, argued in a Wall Street Journal op-ed that the 1974 law is unconstitutional and “we believe the current Supreme Court would likely side with him on this question.”

And Trump in a campaign video last year said he intends to use the “long-recognized impoundment power to squeeze the bloated federal bureaucracy for massive savings.” For decades courts have ruled that presidents cannot ignore Congress’ power to appropriate funds and decide on their own not to spend them, experts said.

Read more: https://rollcall.com/2024/12/12/trump-risks-legal-clashes-in-plans-to-not-spend-appropriations/

[Dave Bowman]

1. "Department of Government Efficiency" sounds like something from 1984.

[duncang]

2. The republican house has been great on shutting down the government.

Now it’s going to be the doge and tfg shutting down the government.

[JMCKUSICK]

3. Why isn't everyone screaming from the rooftops that

We can save the most money by cutting the biggest waste generator in the entire federal budget, the DOD, otherwise known as the Military Industrial Complex?

[JMCKUSICK]

4. And while we're at it,

Instead of "another failed audit",
Let's audit the Contractors, individually, and anyone that fails or doesn't comply, loses ALL contracts ad their access to the federal trough. No exceptions
If they fail due to fraud, bid rigging, etc... they lose the right to bid/get government contracts for ten years minimum and repeat offenders will be permanently banned. Those band would survive sale of company, name change etc.
And finally, those responsible, including the CEO, especially the CEO would be criminally prosecuted with mandatory minimum prison sentences for abusing the public trust.
All of these conditions would be included in ANY awarded contract.
I'm pretty sure costs would plummet.

[Skittles]

5. Democrats have often saved repukes from themselves

I think it is time they just let the American people see what frauds repukes are - they have no intention of governing, they just want to burn it all down.

[BumRushDaShow]

6. "they just want to burn it all down."

A million people dead from COVID due to GOP malfeasance -




A complete economic collapse with a contraction of the GDP of -33%



a 14.7% unemployment rate -




And a record 21 million jobs lost in a month -




Plus this was after his opening shot during that term with the longest government shutdown in U.S. history. in order to extort the American people to get wall funding.

But Americans have short memories, especially when you feed them lies 24/7.

[Lonestarblue]

7. Exactly. Saving Johnson as Speaker helped prevent chaos but also helped reelect Republicans.

I am curiously numb at this stage and do dread what Trump will do, but I’m ready for Democrats to object vocally to his policies but compromise very little on our own. If this means that people get hurt from what Trump and Republicans do, so be it. Perhaps some people have to be hurt to wake up to an unfolding disaster.

For those here who are worried about Medicare, I think the worst that will happen is being forced into Advantage plans. And yes they will deny care for people with expensive medical needs. With Social Security, the most likely scenario is to raise the retirement age significantly to 72 or so and cut benefits for future retirees. They will also cut funding for Medicaid by imposing lifetime limits that will affect those in nursing homes. Medicaid spends a significant portion of its annual expenditures on nursing home care.

[Skittles]

13. being forced into Advantage plans would mean the end of Medicare

that is the entire point of MA - to privatize it all

only then will everyone see the true cost of those "freebies"

[Miguelito Loveless]

8. Leo Leonard court

will give 45 whatever he wants.

[Blue Full Moon]

9. Exactly

[Yo_Mama_Been_Loggin]

10. Nixon tried this and was slapped down

[malthaussen]

11. Oooh, "Legal challenges!" I bet he's shaking in his boots. n/t

[republianmushroom]

12. Aw, but there would be delays and with this supreme court, who knows.

Remember the trump play book, delay and delay some more