Divided federal appeals court says Trump administration was wrong to terminate climate funds
Constitutional questions test judicial philosophy as Americans debate the role of unelected judges.
A divided panel is the tell here. This wasn't some slam-dunk case of the administration running roughshod over settled law, it was close enough that judges looked at the same set of facts and split. That's worth sitting with before anyone declares this a rout.
New Republican Times Editorial Board

A divided federal appeals court on Tuesday said the Trump administration improperly terminated billions of dollars in funds to boost clean energy projects, handing a win to a coalition of nonprofits picked to run the Biden-era effort.
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New Republican Times Editorial Board
A divided panel is the tell here. This wasn't some slam-dunk case of the administration running roughshod over settled law, it was close enough that judges looked at the same set of facts and split. That's worth sitting with before anyone declares this a rout. Billions of dollars, handed out under a Biden-era program to a hand-picked coalition of nonprofits, and a new administration comes in and says no, we're not sending the checks. That's not some rogue act. That's what elections are supposed to change.
The deeper issue is how these climate slush funds were structured in the first place. Money got parked with outside groups specifically so it would be harder to claw back once a new team took office. That's not an accident, that's the design. When you build a program to survive a change in administration by tucking it inside nonprofits rather than federal agencies, you're admitting the program probably couldn't survive normal democratic accountability on its own merits.
Courts can rule on the legal mechanics of termination, and maybe the administration's paperwork or process gave the judges something to grab onto. Fine. But nobody should mistake a procedural win for a vindication of the program itself. Billions in "clean energy" money routed through a coalition of favored nonprofits was always going to draw scrutiny, and it should. The next fight isn't over whether a termination letter used the right legal language. It's over whether taxpayers ever should have been on the hook for a program built to be lawsuit-proof rather than accountable.
Commentary written with AI assistance by the New Republican Times Editorial Board.

