Will DU lawyers please make it make sense?

[Ms. Toad]

8. First of all, they aren't comparable decisions.

The Biden decison is a final decision on a fully briefed and argued case which followed the normal process from trial court through Supreme Court.. The other is an appeal of injunctive relief which has not yet been heard on the merits by the trial court yet. This isn't a decision that Trump has the right to withhold foreign aid - it is a decision that the court's can't force him to spend the money before the courts hear the matter on the merits.

Injunctive relief is supposed to be rare. It is a quick decision - based on essentially sketched out arguments because there is urgent need for relief which can't be resolved by throwing money at it later once the case has been fully argued at the trial court, the appellate court, and cert granted and the case heard at the Supreme Court. Because there doesn't seem to be any other solution and no one else stepping in to stop Trump, lower courts are granting an extraordinary number of injunctions. Not surprisingly, the Supreme Court is saying - that's not how it is supposed to work.

They are correct - but all of the other checks and balances have failed. Congress has the right to stop Trump's alteration of their edicts on spending and have refused to do so. Media is rolling over and playing dead. Law firms are capitulating right and left. Schools are turning into contorted pretzels to satisfy Trump. All of these should have been a firewall against what is happening - and they have failed. Our system was never intended to work primarily by litigation. The courts are doing well - but they are limited by the time it takes to go from case to final decision by the Supreme Court.