The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
White House Rescinds Memo Freezing Federal Grants
This will, for the moment, avert what could have been a major legal battle over the spending power.
Yesterday, I wrote about the Trump Administration Office of Management and Budget memo ordering a "temporary" freeze of a wide range of federal grants, and how it was a major attempt to usurp Congress' power of the purse. Today, after widespread criticism, and a federal court ruling temporarily blocking the order, the White House has rescinded the OMB memo.
At least for the moment, this move averts a major constitutional confrontation over the spending power. It is also an indication that Trump can be forced to back down if he meets sufficiently strong resistance.
But, as noted in my previous post, this order was not the only way in which Trump is trying to infringe on congressional control over spending, even though it was the broadest and most sweeping. So the struggle over the spending power is likely to continue. The exact details of how and when remain to be seen.
