Many of this Administration’s actions since January 20 have tested the Separation of Powers between the Executive and its co-equal branches. In the GHC litigation, Plaintiffs — foreign assistance contractors and NGOs — claimed that the Administration is “engaging in a unilateral rescission or deferral of congressionally appropriated funds in violation of Congress’s spending power.” Finding these arguments likely to prevail, Judge Ali issued a preliminary injunction against the impoundment of funds. The Government appealed to the DC Circuit. Here is the Plaintiff’s just-filed brief. It argues that the Government MUST spend funds appropriated by Congress, based on the Separation of Powers doctrine. This issue is eventually headed to the Supreme Court.
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Foreign Assistance Contractors and NGOs Claimed that the Administration is “Engaging in a Unilateral Rescission or Deferral of Congressionally Appropriated Funds in Violation of Congress’s Spending Power.”
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