The media so far has not understood this ruling properly, but I admit it looks bad.

This is a one-page unsigned order by the Supreme Court. It entertains no legal analysis and therefore it has no true precedential effect. It merely says the DOJ did not argue that the monies were not owed to the NGOs for work already performed, and therefore the lower court's order to pay the monies was something the lower court could order at his discretion.

I do feel like the DOJ bungled this petition. They will learn from this and I think we'll win the second bite at the apple when a similar case comes up next.

Now, sadly, this order will encourage other rogue district court judges to make the same kinds of findings, but I do predict something will get to the Supreme Court soon which will compel a full legal analysis of the executive's authority. This case did not do that, and I do fault the DOJ for its handling of this case.

But I am gobsmacked by Roberts and Barrett. Something is up with those two.