The novel and untested approach has been introduced by Democratic lawmakers in at least four states.
Democratic legislators mostly in blue states are attempting to fight back against Donald Trump’s efforts to withhold funding from their states with bills that aim to give the federal government a taste of its own medicine.
The novel and untested approach — so far introduced in Connecticut, Maryland, New York and Wisconsin — would essentially allow states to withhold federal payments if lawmakers determine the federal government is delinquent in funding owed to them. Democrats in Washington state said they are in the process of drafting a similar measure.
These bills still have a long way to go before becoming law, and legal experts said they would face obstacles. But they mark the latest efforts by Democrats at the state level to counter what they say is a massive overreach by the Trump administration to cease providing federal funding for an array of programs that have helped states pay for health care, food assistance and environmental protections.
The supreme court has discretion to elevate a case to themselves immediately if they so want to. Just like they have the discretion to refuse to hear a case at all. They just rarely exercise that discretion and mostly take cases that come to them on appeals.
So really the moment it becomes a lawsuit, the SCOTUS could elevate it to themselves (given the severity of the situation and the need for immediate resolution) and make a ruling without waiting for it to come to them on appeals.
I would assume that ruling would go exactly how you expect tho, certainly