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Congress hankers for closure in funding war with Trump. SCOTUS is slow to deliver.

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Lawmakers have been waiting all year for the Supreme Court to save them from President Donald Trump’s unprecedented moves to suspend funding Congress already approved. But they might not get closure anytime soon.

Trump began freezing federal cash the day he was sworn into a second term as president. Seven months later, the courts are littered with legal challenges to his administration’s abrupt, massive and often indiscriminate cuts to spending, contracts and personnel. None of these lawsuits, however, have yet risen to the Supreme Court in a way that would give the justices the necessary opening to settle longstanding disagreements about Congress’ control of the federal pursestrings — and whether the administration’s actions violate the law.

In recent weeks, several of the leading cases that have a shot at reaching the Supreme Court were set back due to two technical tripwires: Who can bring the lawsuits and what courts have to hear them first.

That means the high court’s justices are unlikely to wade into the substance of the issue, if they choose to at all, until at least next year. In the meantime, Democrats and Republicans on Capitol Hill will have to navigate tense funding negotiations to avoid a government shutdown on Oct. 1 and beyond without any assurances that Trump will be forced to spend the money as stipulated.

“Whatever your prediction is about when we get a full-year appropriation … we won’t have heard from the Supreme Court — in any way that anyone can count on — when that is done,” said Georgetown University law professor David Super.

For a few days last week, one prominent case challenging Trump’s withholding of funding for the U.S. Agency for International Development seemed like it might get an emergency decision by the Supreme Court in short order. That case could have sent strong signals about how the justices view the broader question of impoundment, which refers to the president’s act of withholding congressionally appropriated cash.

But on Friday, the Trump administration dropped its request for the justices to rule in the case after a lower court effectively sent the issue back before another judge.

Meanwhile, Trump added new urgency on Friday for the high court to weigh in on impoundment of foreign aid funding: He advanced his assault on Congress’ funding power by declaring a “pocket rescission,” the seldom-used maneuver to cancel federal dollars in the final days of the fiscal year without requiring an up-or-down vote.

Many lawmakers and Congress’ top watchdog argue the gambit is illegal. But the courts won’t necessarily see the “pocket rescissions” tactic championed by White House budget director Russ Vought as meaningfully different from the other actions the Trump administration has taken this year, according to Super.

“It’s a cute term that Mr. Vought came up with. But it is essentially just sitting on the money, and that’s what they’ve been doing now,” he said.

Still, Trump’s latest attempt to assert more control over federal spending has made lawmakers of both parties desperate for certainty, even as they’re jittery over the prospect that the justices could side with Trump and erode their funding power.

After all, the court has repeatedly ruled in the president’s favor of late, including allowing the Trump administration to cut off health research grants, proceed with mass layoffs at the Education Department and implement sweeping elements of his mass deportation agenda.

“I’m worried,” Sen. Jeff Merkley (D-Ore.), a senior member of the Senate Appropriations Committee, said in an interview.

“They’re inventing what they thought was good policy,” Merkley said of the Supreme Court justices. “That’s not their role. And so they’re violating their oath of office through the Constitution. So we’re in deep trouble when this comes to the Supreme Court.”

To some lawmakers, the Supreme Court’s eventual, inevitable role in resolving these interbranch fights could be a clarifying inflection point for the nation.

“My prediction is: When we look back on this administration, there’ll be more Supreme Court decisions defining separation of powers than in the 250-year history of the country,” said Sen. Rand Paul in an interview.

The Kentucky Republican, who chairs the Homeland Security and Government Affairs Committee in charge of vetting Trump’s nominees to top budget posts, told a White House official earlier this year that he doesn’t think the president “can impound direct funds indefinitely.”

“It’s a reasonable question to ask. And it’s never been all the way to the Supreme Court,” Paul said. “And of course, everybody has to adhere to what the final decision will be.”

But even then, the Supreme Court could skirt the overarching argument many lawmakers are hoping the justices settle.

“The biggest question for the next few months is whether the court has the appetite to squarely take on the basic issue — the fundamental issue — which is the administration’s broad claim that it can refuse to spend appropriated funds for policy reasons,” said Gregg Nunziata, a conservative lawyer who served as counsel for Senate Republicans and now heads the Society for the Rule of Law.

Already, the Supreme Court has dealt a major setback to lawsuits over funding the Trump administration has withheld for grants and contracts. Late last month, the justices signaled such cases need to start over in the slow-moving Court of Federal Claims, which has jurisdiction over cases involving financial damages and breached contracts.

And the USAID case — in which humanitarian groups are challenging Trump’s decision to withhold billions of congressionally appropriated dollars — now faces several new twists in its path to Supreme Court consideration too.

On Friday, a White House official said the Trump administration sees revoking USAID funding as its strongest case for canceling federal cash at the end of the fiscal year, arguing, “there’s nothing that we can do within these accounts, because of the way they’re written, to shift them to things that the president would support in the foreign aid space.”

The administration “wanted to make the case as clean as we possibly could, as we navigate the different critics that we know would arise,” the official added.

Last month, in the USAID case, a panel of the D.C. Circuit Court of Appeals ruled that only Congress’ top watchdog, the Government Accountability Office, can sue the administration over breaking impoundment law. That ruling has derailed the effort by humanitarian groups to sue directly.

University of Michigan administrative law professor Nicholas Bagley described the courts as taking a “lawyerly, careful, minimalist” approach in their decisions on Trump’s funding moves. “And the vice is the courts don’t appear to be registering the full depth of the concern about the erosion of the appropriations power,” he added.

But the fact that those lower-court issues are hindering lawsuits from making it to the Supreme Court isn’t necessarily a failure of the judicial system, argues Zachary Price, a law professor at the University of California College of the Law, San Francisco.

“It’s just a kind of mismatch between litigation timelines and the way the appropriations cycle works,” Price explained. “It’s a process that works a lot better when it’s a matter of push and pull between the branches.”

Those so far reluctant to exert real pressure on the administration to back down from its funding moves are congressional Republicans. GOP lawmakers could take steps like barring funding for White House operations if the Trump administration doesn’t spend federal cash as lawmakers mandate or reject Trump’s proposals like the $9 billion rescissions package they passed earlier this summer.

But most Republicans don’t want to appear antagonistic of the president, and they’re hoping instead that the legal system will settle a messy fight on their behalf.

“Is Congress determined to protect its own power of the purse or not?” said Philip Wallach, who studies the separation of powers at the right-leaning American Enterprise Institute. “Congress has a very bad habit of relying on the courts to rule and make everything clear, and fix everything for them, so that they don’t have to do it.”

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Congress

DHS stopgap set for quick House action after Rules Committee vote

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The House Rules Committee advanced a measure Friday evening that would fund the entirety of the Homeland Security Department through May 22 — without setting up debate or a separate vote on the funding bill itself.

The panel, after a raucous meeting that devolved into shouting at multiple points, voted 8-4 on party lines to advance the measure to the floor.

The rule includes a “deem and pass” provision, a tactic that allows legislation to be passed by the House automatically once the rule itself is adopted. While there will be one hour of floor debate and a vote on the rule, there will not be a standalone House vote on the DHS spending bill.

Rep. Jim McGovern (D-Mass.) described himself as needing “a neck brace” from the whiplash of hearing Republicans argue for hours that the Senate’s early-morning voice vote on a different DHS funding measure was “shameful” for lack of transparency and accountability.

House Appropriations Chair Tom Cole (R-Okla.) accused the Senate of moving their bill “in the middle of the night, with the smell of jet fumes in the air,” lamenting that the House was left “to take it or leave it.”

House leaders, McGovern suggested, have chosen a similar path by fast-tracking the eight-week DHS stopgap.

“You’re in charge,” he told Rules Chair Virginia Foxx (R-N.C.). “You can do whatever the hell you want to do.”

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Congress

Rand Paul weighs a 2028 presidential bid

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Sen. Rand Paul (R-Ky.) is considering a bid for president in 2028, as Republicans jockey for the future of the GOP post-Trump.

In a “CBS Sunday Morning” interview airing Sunday, a reporter asked Paul about an article that implied he would be running for president.

“We’re thinking about it,” Paul said. “I would say fifty-fifty,” adding that he would make a final decision after the midterm elections.

Paul ran for the Republican nomination for president in 2016 with a libertarianism-focused campaign but ultimately dropped out after a poor performance in the Iowa caucuses and a shortage of cash. He instead ran for reelection to the Senate.

Paul has had a complex relationship with his own party and with President Donald Trump, often finding himself the lone Republican on certain issues. More recently, he was the only Republican to support a joint resolution that would limit Trump’s war powers in Iran.

His father, former Rep. Ron Paul, also ran for president three times: first as a Libertarian in 1988, and twice as a Republican in 2008 and 2012.

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Congress

‘Meltdown’: DHS shutdown set to drag on after House GOP rejects Senate deal

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House Republicans moved Friday to further extend the six-week shutdown of the Department of Homeland Security by rejecting a Senate bill that would fund the vast majority of DHS agencies through September.

Instead, Speaker Mike Johnson proposed a temporary extension of DHS funding through May 22 — a plan that has uncertain prospects in the House and certainly won’t pass the Senate before the shutdown becomes the longest funding lapse in U.S. history Saturday.

But Johnson said House Republicans simply could not swallow the Senate bill, which omits funding for Immigration and Customs Enforcement as well as Border Patrol and some other parts of Customs and Border Protection.

“The Republicans are not going to be any part of any effort to reopen our borders or to stop immigration enforcement,” he said. “We are going to deport dangerous criminal illegal aliens because it is a basic function of the government. The Democrats fundamentally disagree.”

The move toward an eight-week stopgap creates a tactical gulf between Johnson and Senate Majority Leader John Thune, who called an end to weeks of abortive bipartisan talks Thursday and pushed through the funding bill in hopes of tacking on funding later for ICE and CBP in a party-line budget reconciliation bill.

President Donald Trump has largely stayed out of the GOP infighting on Capitol Hill, keeping his criticism trained on Democrats. He ordered DHS to pay TSA officers Thursday as long security lines snarls more U.S. airports.

Johnson played down the split with his Senate counterpart, saying the Democratic leader there bore more blame for the impasse.

“I wouldn’t call John Thune the engineer of this,” he said. “Chuck Schumer and the Democrats in the Senate have forced this upon the Senate. I have to protect the House. … Our colleagues on this side understand this is not a game. We are not playing their games.”

Thune said early Friday morning he did not speak directly to Johnson in the final hours leading up to the Senate’s voice vote, but he said they had texted. He acknowledged he did not know in advance how the House would handle the Senate bill.

“Hopefully they’ll be around, and we can get at least a lot of the government opened up again, and then we’ll go from there,” he said.

Johnson made his game plan clear with House Republicans on a private call just minutes before addressing reporters in the Capitol, according to four people granted anonymity to describe the call. He warned that a failure to advance the short-term DHS stopgap would upend GOP plans for a reconciliation bill, the people said.

He suggested the Senate could quickly clear the stopgap measure once it passes the House. Most senators have left Washington for a recess running through April 13, but Johnson said the chamber could approve the House measure by unanimous consent at a planned pro forma session Monday.

But some House Republicans on the private call, including Rep. Carlos Gimenez of Florida, aired doubts it could pass the Senate — or even the House. Some fellow GOP centrists argued that the House should just swallow the Senate bill and end the standoff.

The House plan for a 60-day stopgap won a cold reception in the Senate, with even Republicans warning it will only prolong the partial government shutdown.

The plan is instead fueling frustration among both Republicans and Democrats who view House Republicans as essentially throwing temper tantrum. Three people granted anonymity to speak candidly each described the House as having a “meltdown.”

Schumer publicly slammed the House GOP plan Friday, saying it was “dead on arrival” across the Capitol, “and Republicans know it.”

A Senate GOP aide granted anonymity to speak candidly added that the quickest way to end the shutdown is for the House to pass the Senate bill.

Five people granted anonymity to comment on Senate dynamics said there was no possibility that Democrats would let the House GOP plan pass during the Senate’s brief pro forma sessions over the next two weeks. It would only take one Democratic senator to show up and object to any attempt to pass it.

The bill, according to the five people, also can’t get 60 votes in the Senate once the chamber returns. Democrats have previously rejected even shorter stopgaps, leaving some to privately question why House Republicans would ever think their plan would work.

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