[…] David M. Driesen, a Syracuse University law professor, said Tillis’ comparison is faulty.

“There is no precedent for withholding monies across the board because of broad policy disagreement with the law,” Driesen said. “That is a frontal attack on the legislative authority of Congress.”

If lawmakers don’t challenge DOGE, by passing new laws or going to court, they risk losing the powers Congress has held for two and a half centuries. Driesen and other legal experts said judges might consider the lack of congressional opposition as they decide cases on this question.

“That shouldn’t matter at all as a matter of constitutional law,” Bowman said. “But I suspect that for some judges, the silence might carry some weight.”

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