- United States
- Wash.
- Letter
I am deeply concerned about the Supreme Court's recent decision to freeze a lower court's ruling on foreign aid spending. This action potentially endorses the dangerous concept of 'pocket rescission', which would allow a president to unilaterally withhold congressionally approved funds simply by waiting out the fiscal year.
This move by the Court, signed by Chief Justice John Roberts, appears to bolster former President Trump's attempt to claw back billions in foreign aid spending that Congress had already appropriated. It's a troubling continuation of the Roberts Court's pattern of expanding presidential powers while limiting the authority of federal agencies, particularly under Democratic administrations.
The implications of this decision extend far beyond foreign aid. If the Court ultimately embraces this theory, it would fundamentally alter the balance of power between the executive and legislative branches. Congress's constitutional power of the purse would be severely undermined, effectively allowing any president to zero out any spending they disagree with, regardless of congressional intent.
This trend of expanding presidential power at the expense of legislative authority is alarming. It represents a significant shift from our system of checks and balances, potentially concentrating too much power in the executive branch. The Court's increased acquiescence to such power grabs, especially during Trump's second term, sets a dangerous precedent for future administrations of any party.
I urge you to speak out against this judicial overreach and work with your colleagues to protect Congress's constitutional role in determining federal spending. Please consider introducing or supporting legislation that would explicitly prohibit 'pocket rescission' and reaffirm Congress's power of the purse. The integrity of our democratic system and the principle of separation of powers are at stake. We need decisive action to prevent this erosion of legislative authority before it becomes entrenched in our political system.