Trump May Have the Veto, but Congress May Have the Courts | Opinion
Summary
Retired judge Thomas G. Moukawsher argues that if Democrats control Congress, they should use lawsuits—not only legislation that President Donald Trump could veto—to challenge actions they say exceed congressional or presidential powers. He proposes court cases over spending withheld by the administration and tariffs, presenting them as a way to restore the balance between Congress and the presidency.Key Facts
- The article is an opinion piece by retired judge and author Thomas G. Moukawsher.
- Moukawsher says Trump can veto legislation, while overriding a veto requires two-thirds of votes in both chambers of Congress.
- He argues Democrats may not be able to count on enough Republican votes to override vetoes.
- The article says some people affected by withheld federal spending have sued and recovered money, while other cases faced disputes over who could sue and where.
- Moukawsher says courts have generally taken a narrow view of individual members of Congress suing to defend Congress's institutional powers.
- He proposes that Congress vote to sue the president over spending decisions and the use of tariffs.
- The article says such lawsuits could ask courts to rule on whether withholding congressionally authorized spending or using tariffs exceeds presidential authority.
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