Professor Jenny Breen spoke with the Washington Post for the article “Supreme Court says judge can force Trump administration to pay foreign aid”. The article discusses the recent 5-4 order in Department of State v. AIDS Vaccine Advocacy Coalition on USAID funding.
Breen said it was difficult to draw sweeping generalizations from a single case, but “if we are going to take away anything, it might be that the Supreme Court is going to pay attention when the government does not comply with court orders.”
But Breen said the fact that four justices signed on to the dissent indicates “a tolerance for a very expansive notion of executive power” in a significant segment of the court: “The 5-4 split here makes clear there is definitely turbulence ahead here, and there is going to be division.”