Don't forget what happened with the travel ban during the first Trump administration: Version 1: Clumsy, overbroad, and poorly implemented; blocked by courts; withdrawn. Version 2: Slightly less clumsy; slightly less overbroad; poorly implemented; blocked by courts; expired. Version 3: Upheld. - ThreadSky

stevevladeck.bsky.social • 27 days ago

Don't forget what happened with the travel ban during the first Trump administration:

Version 1: Clumsy, overbroad, and poorly implemented; blocked by courts; withdrawn.

Version 2: Slightly less clumsy; slightly less overbroad; poorly implemented; blocked by courts; expired.

Version 3: Upheld.

Reposted from Marisa Kabas

🚨 BREAKING: OMB has just issued a memo *rescinding* the previous memo freezing all federal financial assistance programs.

Full text, per government source:

Comments

remarkblynice.bsky.social•27 days ago

I am sure they will come up with another version of freezing funds.

phoenixwomanmn.bsky.social•27 days ago

There's no way to rewrite this that solves its fatal flaws, but whatever.

Not only does the ICA flatly forbid even temporary impoundment, SCOTUS ruled in Train v. City of New York that an impoundment doesn't need the ICA to be ruled unconstitutional:

https://www.cbpp.org/research/federal-budget/faqs-on-impoundment-presidential-actions-are-constrained-by-long-standing#_ftn4

berlynsky.bsky.social•26 days ago

Thank you for that reminder!

lamaypa.bsky.social•27 days ago

I know its only a tweet… but which one do you believe is closer to the truth - alternative facts

bravehumans.bsky.social•27 days ago

The problem is that the public seem to support his stance even if it doesn't succeed. Like they feel a sense of superiority over what they perceive as the inferior people.

merz.bsky.social•27 days ago

False. Trump has at no point since the election had a positive approval rating. There is no new-administration honeymoon.

bravehumans.bsky.social•27 days ago

I said the stance rather than Trump himself. It was cited as the biggest issue people voted on in the exit polls.

jnrn.bsky.social•27 days ago

Well, this is much different as it affects millions of people who are citizens across every state.

monkeyes2.bsky.social•27 days ago

https://bsky.app/profile/monkeyes2.bsky.social/post/3lgvl53r4gc26

crimedog.bsky.social•27 days ago

Once he gets his tax cut, a budget, a debt ceiling increase, and a SCOTUS ruling airbrushing Article 1 Section 8 out of the Constitution the GOP will adjourn Congress and not come back until January 2027.

dtpsez.bsky.social•27 days ago

Looks like they didn’t withdraw spending freeze. Just the memo?

https://bsky.app/profile/rawstory.com/post/3lgvofgl2sk2a

mavisr.bsky.social•27 days ago

This.

davidnzuk.bsky.social•27 days ago

Basically, Trump is vandalising, not governing.

vieuxquelquechose.bsky.social•27 days ago

Chaos, confusion cruelty is the game plan.

jeamwapr.bsky.social•27 days ago

You are correct. They will keep trying until they get their evil way.

drsallyryan.bsky.social•27 days ago

Keep in mind "the deep state" are really the dedicated federal career service, the people who actually know how to do the work. It doesn't save us that they're incompetent tho it makes it easier to slow them down and wear them out.

jarsilver.bsky.social•27 days ago

If the administration violates the ICA, is there any consequence for the officials who violated the law if the funds are subsequently disbursed? Is it just moot?

jtlesq.bsky.social•27 days ago

Well see, push back works!

italy24.bsky.social•25 days ago

I’m so confused

ibehester.bsky.social•27 days ago

Lesson: keep fighting

ramsahead.bsky.social•27 days ago

Yes but I think it's even more important this time to remind people that checks and balances exist IF people work to exercise them. If they want to cut federal funding the legal way then that's just elections having awful consequences.

saidthat.bsky.social•27 days ago

Congress holds the power of the purse, not the executive branch. Unconstitutional power grab.

vero1986.bsky.social•27 days ago

That was only the beginning
https://youtu.be/VeVhHNSe9Ks?si=legSN9-koQ8PB7CZ

bobbydubs.bsky.social•27 days ago

Like a virus, continuous mutations until they are successful

bbix.bsky.social•27 days ago

Good reminder, horrific future

marshgirl.bsky.social•27 days ago

So they're waiting for Alito to 'speak'/explain exactly how to proceed in a Court hearing/ruling?

jillysmith.bsky.social•27 days ago

Exactly, they are regrouping and a revised version will be forthcoming. The dems with a voice/microphone need to be much more vocal on the harms these orders will and are causing to individuals and families.

phoenixwomanmn.bsky.social•27 days ago

There's no way they can revise this to be constitutional:

https://www.cbpp.org/research/federal-budget/faqs-on-impoundment-presidential-actions-are-constrained-by-long-standing#_ftn4

aaronleavy.bsky.social•27 days ago

If you are immune to shame then doing something illegal and stupid then tweaking and repeating until a sympathetic court finally agrees is a viable strategy. It's like asking your kid to apologize and eventually just accepting a poor fascimile because you're tired of trying to correct them.

stacy22mom.bsky.social•27 days ago

Oh my, I made a similar point as Professor Vladeck!!!

I really am getting my Bluesky Law degree!

drichards915.bsky.social•27 days ago

so ... third time's the curse?

leftsedfred.symmetricforests.online•27 days ago

And the entire time in between they got to claim “what? You thought it was a ban?! Gosh lawyers and journalists are so easily triggered 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣”

oldbutnotdeadyet.bsky.social•27 days ago

If Heritage is behind all this, you would expect better effort. As it is, they look like idiots.

keithbmore.bsky.social•27 days ago

I mean... one could argue putting your evil master plan to destroy the government in print and hardback was pretty idiotic, it just ended up not mattering.

oldbutnotdeadyet.bsky.social•27 days ago

One of the world's richest men swung the balance in the wrong direction. Maybe there is karma someday, I hope I live to see it.

jeff.jeffbillman.com•27 days ago

And how do we know they're not idiots? Just because they have conviction, may mean only that they're idiots with conviction.

oldbutnotdeadyet.bsky.social•27 days ago

Alas, I am old, maybe senile, but it seems like much of America are idiots. I wish I could understand why. Poor education system? Apathy? Social media?

jeff.jeffbillman.com•27 days ago

In the case of Heritage Foundation (and probably more than a few MAGA followers) it's likely hubris. They think God smiles at what they do, so it never occurs to them that they could be wrong in any way.

covios.bsky.social•27 days ago

We were told how much better at this they would be this time.

duplicateuserid.bsky.social•27 days ago

They're the Microsoft of tyranny.

cnjulia.bsky.social•27 days ago

All individuals and organizations affected must prepare to fight Version 2 and, God forbid, survive Version 3. 🤦🏾‍♀️

pamelaporter.bsky.social•27 days ago

Yep. They'll remove the wording that put it in peril with the court and try again. Removing funding from their "enemies" is a key part of their agenda. Similar to 1930s Germany - one of the first/important steps was to remove sources of income from "undesirables."

jnovkov.bsky.social•27 days ago

Ha! That whole dance is on my syllabus this semester for my course on understanding Trump 2.0..

disillusioned65.bsky.social•27 days ago

Shock and uhhh

ripplepig.bsky.social•27 days ago

The first two trips to SCOTUS were so Roberts could tell them exactly how to write it.

emptywheel.bsky.social•27 days ago

Is there anyway not to totally moot the existing lawsuit?

ajgenz.bsky.social•27 days ago

The underlying executive orders remain in place; as such, they could still be challenged even if the OMB order is rescinded. That said, a quick review of the National Council of Nonprofits compliant suggests that all of the counts are APA violations, so they'd need to amend to do that.

txlawyer.bsky.social•27 days ago

‪@andrewtorrez.bsky.social‬ smartly suggests they might still be justiciable as "capable of repetition yet evading review." That's the case-or-controversy exception that let Roe v. Wade go forward even after Norma McCorvey gave birth.

txlawyer.bsky.social•27 days ago

https://bsky.app/profile/andrewtorrez.bsky.social/post/3lgvls47chc2i

dell-adams.bsky.social•27 days ago

Does it make a difference if the spending freeze is still in effect despite the rescission?
https://bsky.app/profile/fleerultra.bsky.social/post/3lgvnm2pi4s2z

eleanortyler.bsky.social•27 days ago

Either FBI v. Fikre (voluntary cessation) or "capable of repetition but evading review" work here as exceptions to mootness. I think it's closer to Fikre, based on the OMB just withdrawing the memo.

mariceann.bsky.social•27 days ago

Steve Vladeck, you describe his Keep Throwing Spaghetti Against the Wall Until It Sticks process.

robhon.bsky.social•27 days ago

Exactly. Don’t get comfortable. This crap is going to rear its ugly head again in the not-too-distant future.

cj20000.bsky.social•27 days ago

When will the rescinding of the rescinded occur??

scottcorne.bsky.social•27 days ago

Looks like we're still on version 1?

austin-dave.bsky.social•27 days ago

Or, Trump will hide behind claims of effectiveness even after he gets smacked down.

austin-dave.bsky.social•27 days ago

Can the Army come in and turn the flow of money back on?

cdwilsher.bsky.social•27 days ago

Trump had higher quality flunkies the first time. If they were the B team, this is the D team.

rebeccaamccoy.bsky.social•27 days ago

Right. Celebrate the victory but don’t think it’s over. They will keep trying. Keep fighting back every time.

dmgold123.bsky.social•27 days ago

not only that but iirc the courts tried to be as helpful as possible in explaining how to write a revised order that would pass judicial muster.

frostreads.bsky.social•27 days ago

Well, the Press Secretary is now saying they withdrew the memo but are also still doing everything the memo said. But they can't be sued (somehow) because the paper is gone.

stephenswithaph.bsky.social•27 days ago

Yep. They're regrouping.

leesamkap.bsky.social•27 days ago

This seems a larger overreach by Trump Admin…Executive branch does not have the right to not disburse approved Congressional spending…

jim85716.bsky.social•27 days ago

Is it sheer incompetence or is it “push as far as you can until you win”?

heykeriyawn.bsky.social•27 days ago

That’s the right question. I think it’s the latter not mere incompetence. The chaos is likely malicious. I’m frustrated so many people are minimizing the threat w/ an “incompetence” frame (& often being ableist). I decided to start thinking of it as phase 1 of a hybridized civil war blitzkrieg.

windsongjoy.bsky.social•27 days ago

Exactly. I’ve lost faith in the Dem leadership to do anything to meaningfully push back except w/their rhetoric. I will still push them & not let them get away w/ just words & no action. We need to be vigilant because Trump will flood the zone to try & get something past us

windsongjoy.bsky.social•27 days ago

That’s exactly what I think. I see posters calling the move incompetent but I don’t believe that at all. You can see he learned how to push his agenda out fast&furious this time around ie the EOs, nominees, firing/replacing people w/loyalists. People shouldn’t underestimate him. Keep pushing back

kindraf.bsky.social•27 days ago

I think it's both. Trump is incompetent, the people seeking proximity to him in their quest for power and conquest are not. Those people are shielding their motives with his incompetence. It's a flaw they've turned to a strength for their own ends

kindraf.bsky.social•27 days ago

In a normal presidency, he'd have been bounced for questions of his sanity. But because these insane things eventually become sane...folks believe there's a method to his madness. There is not. There are malevolent sane folks cloaked in his shadow machinating to their heart's content

itsameowen.bsky.social•27 days ago

The only silver lining here is that a freeze on spending already appropriated funds (illegal and unconstitutional but hey here we are) will also hurt red states and hard. So MAYBE enough GOP congresscritters decide that putting their voters on the street is bad, actually, to stop it

greysky209.bsky.social•27 days ago

This is why I follow you.

Also, with Cabinet picks, remember, "the next one is ALWAYS worse".

Bill Barr vs Jeff Sessions (or Toilet man)
Pam Bondi vs Matt Gaetz
Whoever Replaces RFK
Whoever Replaces Hegseth
Whoever Replaces Tulsi

Why? Because the next one is always more effective.

sarcologist.bsky.social•27 days ago

north-easton.bsky.social•27 days ago

walking their shots

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