DC Circ. Dissent Could Blunt Presidential Deal-Making Tool

By Andrew Westney (May 19, 2017, 7:23 PM EDT) -- Although the D.C. Circuit has refused to upend a plan for the U.S. government to give nonprofits $300 million left over from a class action settlement with Native American farmers, one judge's dissent blasted the set-aside as a "slush fund" that usurps congressional spending authority, potentially fueling future efforts to limit executive deal-making powers.

A panel majority turned back a challenge to the plan for divvying up an eye-popping $380 million that went unclaimed in the U.S. Department of Agriculture's $680 million agreement in the so-called Keepseagle suit. Of that remainder, roughly $300 million was slated to go to nonprofit organizations...

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