The judge of the Supreme Court Brett Kavanaugh has very bad news for Donald Trump

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Friday afternoon, a federal judge of Rhode Island temporarily blocked President Donald Trumps is trying to stop a huge amount of huge national federal expenses. Chief judge John McConnell Jr., who made the ordinance, is the second federal judge to do so.

McConnells' ordinance is significant not only because it puts a second ordinance of the court between Trump's White House and its proposed expense reductions, but because of which McConnell quotes to justify his decision: the Brett Kavanaugh judge, a Republican appointed to the Supreme Court by Trump in his first term. This quotation suggests that Trump's effort could be on the verge of being declared unconstitutional before the Supreme Court, once this judicial challenge reaches judges.

Shortly after taking office this month, Trump published a series of decrees to reduce or end expenses on a variety of questions, from foreign aid to diversity programs, to what Trump calls the extremism of gender ideology. On Tuesday, the Office for the Management and Budget of the White House (OMB) published a note claiming to implement these decrees, which seemed to call for a break absolutely on the financing of the government.

According to the OMB note, which was canceled Wednesday following a bipartite political reaction, the federal agencies were required to suspend all the activities related to the obligation or disbursement of all federal financial aid and Other relevant agency activities that can be involved in orders. Although this note is no longer in force, the executive decrees which he sought to apply again.

The theory that the president can simply cut federal spending which has been appropriate by the congress is known as the busting, and has long been considered unconstitutional by judges and legal specialists through the political spectrum.

However, the current Supreme Court has a republican supermajority 6-3. And the six Republicans judged in the summer that Trump has a large immunity against the prosecution for the crimes he committed using the powers of the presidency. It is therefore not entirely clear if these republican judges will follow the vision of consensus.

McConnells' ordinance, however, quotes an opinion of 2013 by the appellate judge of the Federal Kavanaugh, who rejects the idea of ​​impoundment and even quoted a service note from the 1969 Ministry of Justice written by the Future judge in chief William Rehnquist that can be read: in our opinion it is extremely difficult to formulate a constitutional theory to justify a refusal of the president to comply with a directive of the congress to spend.

According to the opinion of Kavanaughs, even the president does not have the unilateral power to refuse to spend funds allocated by the congress.

Meanwhile, another member of the republican majority of the supreme courts, chief judge John Roberts, expressed similar opinions when he was a lawyer working in the White House of Reagan. In a 1985 memo, Roberts wrote that it is clear that the president cannot put the funds in normal situations. Roberts added that no zone seems clearly the province of Congress than the power of the bag.

It is, of course, possible that Roberts or Kavanaugh has changed their point of view on this subject. It is also possible that they ignore their own beliefs on the law because they want to help a republican president. But, assuming that the two judges come up against their past opinions, this suggests that there are at least five votes on the Supreme Court against the highlighting efforts of Trump if this case reached the highest jurisdiction: Roberts, Kavanaugh and the three Democratic judges.

And, with five votes from the Supreme Court, the impoundment plans would be declared unconstitutional.

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