His executive order directs the Justice Department to deny federal funds to jurisdictions that use cashless bail for suspects for many types of crimes. The plan is another assault on federalism and separation of powers.
The ruling is the latest in long line of court decisions striking down executive efforts to attach conditions to federal grants that were not approved by Congress.
While there is no constitutional right to receive grants, the Constitution does bar grant conditions that undermine constitutional rights.
The decision is based on precedents in similar cases during Trump's first term.
The degree of agreement among participants with major ideological diferences is striking.
The decision involved administration attempts to withhold spending on foreign aid contracts, but has much broader implications.
As with some other recent executive branch actions, the Trump Administration appears to have overreached.
This will, for the moment, avert what could have been a major legal battle over the spending power.
The White House's withholding of federal grants, impoundment plans, and other actions, are a major attack on the separation of powers.
Harvard economist Edward Glaeser, a leading expert on housing policy, offers some ideas on how Congress can use conditional spending to break down barriers to housing construction.
Like the Sixth Circuit before it, the Eleventh ruled that the requirement that states receiving stimulus money refrain from cutting taxes was never clearly authorized by Congress.
The U.S. Court of Appeals for the Sixth Circuit concluded some state challenges to the COVID relief bill were not justiciable, but reaches the merits in one case and finds the law lacking.
I am one of the relatively few people who think the Court got both cases right.
Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.
My review of Philip Hamburger's new book, Purchasing Submission.
