Yesterday, Trump illegally cut off funding for public schools, precipitating a huge crisis for thousands of schools.
This is a result of the recent Supreme Court ruling neutering federal courts.
1/ A dystopian new reign of lawlessness is likely coming. Let me explain.
This is a result of the recent Supreme Court ruling neutering federal courts.
1/ A dystopian new reign of lawlessness is likely coming. Let me explain.
https://twitter.com/nytimes/status/1940210080860827844
2/ First, let's just understand how wildly illegal and devastating this funding cut is. This is money authorized by Congress for after school programs. Not a new program; schools get it every year. In many low income districts, their programs cannot run without these federal $.
3/ This fall, over a million kids could have no after school option. In Umatilla, OR - a low income rural town - notice just went out that the programs would shut down. Low income parents will have to find expensive (and likely far away) alternatives, or cut back working hours.
4/ This is a CLEAR AS DAY violation of federal law. The appropriations law passed by Congress REQUIRES this money to be spent.
This would be a lay up for a federal district court. They would slap an injunction on this in a hot second and the $ would start flowing again.
This would be a lay up for a federal district court. They would slap an injunction on this in a hot second and the $ would start flowing again.
5/ But last week, the Supreme Court ruled that district courts could no longer issue national injunctions, even in clear cases like this.
They acknowledged that class action suits could still involve national restraints, but class actions are rare and hard to build.
They acknowledged that class action suits could still involve national restraints, but class actions are rare and hard to build.
6/ The ruling is a MASSIVE new incentive to Trump to act lawlessly. Why? Because now only the Supreme Court can constrain him; they can only take a few cases a year. So if Trump issues 100 illegal orders, maybe only a half dozen even get litigated. He gets away with all the rest.
7/ Sure, a district court can ban the implementation of an order in its jurisdiction. But that sets up a chaotic, dangerous patchwork of law.
For instance, now we will potentially have human beings who are citizens in Connecticut but not in other states when they travel.
For instance, now we will potentially have human beings who are citizens in Connecticut but not in other states when they travel.
8/ Listen, I've never loved the way that district courts can do national injunctions. Obviously it gives a single judge enormous power. They can abuse their power just like Trump does.
But this is a problem CONGRESS needs to solve, not the Supreme Court.
But this is a problem CONGRESS needs to solve, not the Supreme Court.
9/ Congress should set up a better way for courts to issue national injunctions. This ruling - at this moment when we NEED the federal courts to constrain Trump's lawlessness - is a disaster.
It quickens our slide to autocracy. The education funding order is just the beginning.
It quickens our slide to autocracy. The education funding order is just the beginning.
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