← Back to Library

Project 2026 is here

Devin Stone delivers a startling verdict on the first year of the Trump administration: the so-called "Project 2025" blueprint, which the campaign publicly disavowed, has been implemented with ruthless efficiency. Stone's most distinctive claim is that this wasn't a political accident, but a deliberate legal strategy hinging on the Supreme Court's willingness to let the president ignore the Constitution's spending clause. For busy listeners tracking the erosion of democratic norms, this piece provides the missing link between a 900-page manifesto and the actual defunding of American institutions.

The Architecture of Impoundment

Stone argues that the Project 2025 authors knew they could never win a democratic mandate for their extreme agenda. Instead, they engineered a legal workaround to bypass Congress entirely. "Clearly, the Project 2025 agenda was never going to get passed by democratic means. And so, the authors pinned their hopes on undemocratic means," Stone writes. The core of this strategy is the concept of "impoundment"—the president simply refusing to spend money Congress has appropriated. Stone explains that this directly contradicts the Constitution's spending clause, which mandates that no money can be drawn from the treasury without congressional approval.

Project 2026 is here

The author details how the administration weaponized this theory to target specific cultural and political enemies. "If the president can just ignore the budget bill and do whatever he wants with the cash, then he can rule more or less by fiat," Stone notes. This framing is effective because it strips away the complexity of bureaucratic maneuvering to reveal a simple, terrifying power grab: the executive branch using tax dollars as a weapon against the will of the voters. Stone highlights how Russ Vought, the director of the Office of Management and Budget, explicitly redefined his role not as a steward of congressional intent, but as an enforcer of the president's personal policy preferences.

"The purpose of OMB is not to spend federal money at the direction of Congress, but instead to enact the best most comprehensive approximation of the president's mind."

Critics might argue that the administration is merely exercising legitimate executive discretion to prevent waste or fraud, a power historically granted to presidents. However, Stone dismantles this by pointing to decades of settled law, including the 1974 Impoundment Control Act passed specifically to stop presidents like Nixon from doing exactly this. The author's evidence that the Supreme Court has recently allowed these actions to stand suggests a fundamental shift in the balance of power, one that favors the executive branch over the legislative.

The Shadow Docket and the Death of Due Process

Stone's coverage shifts to the judicial mechanism that enabled this agenda: the Supreme Court's use of the "shadow docket." He describes how the Court issued unsigned, one-paragraph orders to block lower courts from forcing the government to pay for grants it had already promised. In the case of Department of Education versus California, the Court allowed the administration to withhold teacher training funds simply because the grants contained language about diversity, equity, and inclusion (DEI).

The author points out the absurdity of the Court's reasoning, which relied on a technicality regarding jurisdiction rather than the merits of the case. "The conservative justices have said that under a law called the Tucker Act, all cases against the government for money owed belong in something called the Court of Federal Claims," Stone writes. He notes that this tiny court is typically reserved for contractors installing paper towel dispensers, not for states suing to protect constitutional rights or public health funding. This move effectively insulated the administration's policy changes from meaningful judicial review.

Stone then connects this legal maneuvering to the human cost, specifically regarding the United States Agency for International Development (USAID). He cites a Supreme Court order that prioritized the president's authority over the lives of foreign aid recipients. "The relevant legal analysis here is about balancing harms between the two sides. And in all of these cases, the Supreme Court said, 'Eh, the people asking for their money aren't really being harmed that much. The real harm is to the president who can't do exactly what he wants right away,'" Stone observes. This is a scathing critique of the Court's moral calculus.

"The harm to the president's authority by being forced to follow the law is worse than the damage to grant recipients cut off from their promised funds."

While the author presents the data on hundreds of thousands of deaths linked to aid cuts as a direct consequence of these rulings, a counterargument worth considering is whether the Court was truly weighing the lives of foreign nationals or simply deferring to the executive branch on matters of foreign policy. Stone, however, argues that the Court's hostility to USAID was premeditated, citing Project 2025's own description of the agency as a "permanent and emiserating feature of the global landscape."

The Bottom Line

Devin Stone's strongest contribution is his ability to trace a direct line from a theoretical manifesto to the defunding of the Department of Education and the dismantling of foreign aid, all enabled by a Supreme Court that has abandoned its role as a check on executive power. The piece's biggest vulnerability lies in its reliance on the assumption that the Court's decisions were purely ideological, though the legal technicalities cited are real even if their application is unprecedented. Readers should watch for whether Congress attempts to reclaim its power of the purse, or if this new precedent of presidential impoundment becomes the permanent law of the land.

Sources

Project 2026 is here

by Devin Stone · LegalEagle · Watch video

It's 2026, which means it's time to talk about project 2025 again. When the Heritage Foundation published its conservative blueprint in 2024, the Trump campaign jumped to distance itself from the 900page manifesto. Trump surrogate Howard Lutnik told the New York Post that no one associated with Project 2025 would come anywhere near the Trump White House. They were radioactive.

A year later, Lutnik is Secretary of Commerce, and he works alongside a whole castle of those supposedly banned Project 2025 guys. So, how much of the manifesto did these people operationalize in year 1? A lot. The website project 2025.observer estimates that the Trump administration has already carried out about 50% of the documents goals.

Hooray. And they couldn't have done it without a big assist from the Supreme Court. Thanks, Chief Justice Roberts. Okay, we're going to break it all down, but first, let's talk about the one weird trick that made it all possible.

The authors of Project 2025 have a lot of political and cultural goals. They want to criminalize abortion, end gay marriage, do away with environmental regulations, and lower taxes for corporations and billionaires, but most Americans are not down with that. Polls consistently show broad support for abortion rights, LGBTQ equality, protecting the environment, and funding the government, particularly when that involves rich people paying their fair share. Clearly, the Project 2025 agenda was never going to get passed by democratic means.

And so, the authors pinned their hopes on undemocratic means. Specifically, they sketched out an agenda for a president with sweeping powers, effectively unbound by the law. And the law that they most want the president not to be bound by is the constitution spending clause which says that no money shall be drawn from the treasury but in consequence of appropriations made by law. That is you pay your taxes into the US treasury >> and all of us have to pay our share >> and Congress tells the executive branch how to spend the money.

>> Our taxes must provide the necessary funds to improve and expand our school system to pay for city streets. >> That's what the federal budget is. It's a law passed by Congress telling the executive branch what to do with your tax dollars. >> None of us can escape.

>> And the big idea of project 2025 is what if not? What if ...