Today’s Supreme Court Decision in Department of State v. Aids Vaccine Advocacy Coalition

This image provided by Rachel Malehorn shows Judge Amy Coney Barrett in Milwaukee, on Aug. 24, 2018. (Rachel Malehorn, rachelmalehorn.smugmug.com, via AP)

Washington Post, Supreme Court says judge can force Trump administration to pay foreign aid

SCOTUSblog, Supreme Court denies Trump request to block $2 billion foreign-aid payment

If you want to dig in the weeds, please do so; the two sources above, along with many others, will help.

Big picture: the issue presented by the case is whether it is A-OK for Trump to spit on the Constitution by exercising kingly power to destroy a federal agency created and funded by Congress—particularly in a situation where the destruction of said agency will lead to unimaginable loss of life. 

In a dissenting opinion written by Justice Alito—who has been drinking a whole lot of Kool-Aid lately—and joined by Justices Thomas, Gorsuch, and Kavanaugh, the four justices seemed to take it as self-evident that Trump need not obey the Constitution and that it was a grievous act of “judicial hubris” for a lowly federal district judge to think that Trump has any obligation to the Constitution. 

But one of the three Trump-appointed justices, Amy Coney Barrett, has been tapering off the Kool-Aid lately. She joined with Justice Roberts and with the three liberals in a short, unsigned opinion, indicating that the lowly federal district judge in question could bloody well go right ahead and order Trump to pay up. (That is, it’s OK for the judge to order Trump to pay pending a final resolution of the case.)

If you read the opinion—and I hope you do—you will see that I have oversimplified. You will see that this onion has a lot of layers. But I do not think I have oversimplified in a misleading way. And my guess is that it’s going to be Constitution, 5, Dictatorship, 4, from here on.

I did say “guess.” There is a difference, you know, between a guess and a prediction.

And, by the way, as Trump becomes increasingly unpopular, I would’nt be shocked if we peel off Kavanaugh.