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.”
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.