D.C. Circuit Orders Trump Administration to Restore Public Database of Federal Expenditures
The Trump Administration has until Friday to restore a public database tracking the expenditure of appropriated funds. On Saturday, in CREW v. OMB, the U.S. Court of Appeals for the D.C. Circuit rejected the Administration’s request for a stay pending appeal of a district court injunction ordering the database’s restoration, but said the administration has until August 15 to comply.
Judge Karen Henderson issued a statement respecting the denial of the stay pending appeal, which Judge Wilkins joined. (Judge Garcia apparently joined in the order, but not Judge Henderson’s opinion.) The opinion is a powerful rebuke of the Trump Administration’s attempt to supplant legislative control over federal spending.
Judge Henderson’s statement begins:
Throughout the 1600s, the Stuart monarchs engaged in a titanic struggle with Parliament regarding who would reign supreme over the public purse. That struggle was marked by civil war, regicide and a new wellspring of liberty in the Glorious Revolution of 1688. By the end of the upheaval, Parliament emerged supreme in matters of taxation and spending. Our Constitution followed suit, granting the Congress plenary control over the public fisc. Recently, the Executive has once again locked horns in a struggle for control over the purse strings. Across a slew of cases, recipients of congressional funding have challenged the President’s ability to unilaterally freeze or “impound” spending.1 Today’s c
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