Donald Trump has recently been defeated in the D.C. Court of Appeals over his controversial “gag order” which would limit funding in the nation’s capital unless the Mayor and Board of Councilors cease challenging the President’s policies in federal court.
In a unanimous ruling this week, the court suggested that they might be able to narrow the scope of the order without actually invalidating it. The three judge panel determined that while Ms. Bowser lawfully challenged the President on multiple issues, the Appeals court sugested they may be able to limit the order to those issues not within the scope of Bowser’s challenge.
The “gag order” is just the latest example of the Trump administration’s attempts to limit the power of cities and states to challenge his policies in court. In past cases, Trump’s Justice Department supported the state or city, but only after they accused Attorney General William Barr of wavering in his legal positions.
This ruling is significant because it suggests that while the President may still have the power to limit spending in certain ways, that those powers should not be used to interfere with constitutionally protected speech and expression.
The implications of this ruling are far reaching. Cities and states who have been, or are looking to challenge, the President’s policies now know that they at least have the support of the federal courts.
The President has 10 days to appeal the ruling, and legal experts believe that it’s highly likely that he will do so. Regardless of the outcome of the appeal, this latest sure has succeeded in bringing some semblance of justice to governments challenging the President’s policies. It is a win for governmental autonomy, for the Constitution and for the people of this country.
