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Wednesday, September 10, 2025

Senator Eric Schmitt discusses judiciary limits in recent monetary appropriation ruling

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Senator Eric Schmitt | U.S. Senator Eric Schmitt

Senator Eric Schmitt | U.S. Senator Eric Schmitt

Senator Eric Schmitt, a U.S. Senator from Missouri, commented on recent judicial decisions regarding the federal courts' authority over monetary appropriations and disbursements. On August 13, 2025, Schmitt stated that "The judiciary cannot freeform force the appropriation or disbursement of monies. Our federal courts have limited jurisdiction. If they want to compel Execution action, they need congressional authority. None exists for private plaintiffs in the ICA."

In a subsequent post on the same day, Schmitt outlined key points from a D.C. Circuit decision: "But this case has important implications for future impoundments of monies. The D.C. Circuit held:

(1) there is no freestanding constitutional cause of action;

(2) there is no APA claim (it is precluded by the ICA); and

(3) there is no ultra vires claim."

He also noted potential Supreme Court involvement, writing on August 13, 2025: "SCOTUS may look into this case (they almost looked into similar and related questions at the end of the First Trump Administration re: border wall funding).

There will be more to come in this space, but this was a big win."

These comments follow ongoing legal debates about whether federal courts can mandate spending actions without explicit congressional authorization—a question that has surfaced in previous disputes such as those involving executive actions on border wall funding during the Trump administration.

The Impoundment Control Act (ICA) restricts executive branch power to withhold funds appropriated by Congress and has been central to recent court rulings addressing separation of powers between Congress and the executive branch.

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