U.S. District Court Judge Amir Ali ruled Wednesday that while the Trump administration retained “significant discretion” as to how the funds ought to be spent, they had no power over whether or not to spend the nearly $5 billion in funds that had already been allocated.
Congress then had 45 days to decide whether or not to approve Trump’s request, but the White House Office of Management and Budget asserted that it could freeze the funds until the fiscal year ended on September 30, ensuring the funds’ cancellation.
But the judge wrote that Congress would have to approve the rescission, because the law was “explicit that it is congressional action—not the President’s transmission of a special message—that triggers rescission of the earlier appropriations.”
Ali couched his decision by saying that it would likely not be the final word in the case, and that “definitive higher court guidance now will be instructive.”
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