The Trump administration has requested the U.S. Supreme Court to intervene in its attempt to withhold billions of dollars in foreign aid authorized by Congress, aiming to reduce U.S. assistance abroad.
The Justice Department sought to halt a U.S. District Court order that mandates the administration take steps to spend approximately $4 billion in funds that officials have tried to reclaim. Congress designated these funds for foreign aid, United Nations peacekeeping, and democracy promotion. The administration views this $4 billion as contrary to U.S. foreign policy.
Congress allocated billions in foreign aid last year, with about $11 billion requiring expenditure or obligation before the fiscal year ends on September 30 to prevent its expiration. After being sued by aid organizations, the administration indicated it would spend $6.5 billion of the disputed funds and also attempted to block $4 billion via a “pocket rescission,” a process bypassing Congress. U.S. District Judge Amir Ali ruled on September 3 that the administration cannot unilaterally withhold funds and must adhere to appropriations laws unless Congress alters them.
Justice Department lawyers argued the injunction poses a significant threat to the separation of powers, deeming it counterproductive for the executive branch to obligate funds it is seeking to rescind. President Trump’s budget director, Russell Vought, contended that the president can withhold funds for 45 days after requesting a rescission, which would expire the funds by the fiscal year’s end; this tactic was reportedly last used in 1977.
A lawyer for the plaintiffs stated the administration is asking the Supreme Court to endorse its “illegal tactic of a ‘pocket rescission'” and to approve its attempt to unlawfully accumulate power. The U.S. Court of Appeals for the District of Columbia Circuit declined to halt the district judge’s order in a 2-1 decision, leading to the administration’s appeal to the Supreme Court.
The administration has frequently sought Supreme Court intervention this year for policies blocked by lower courts, and the Court, with its conservative majority, has largely supported the administration’s positions. Previously, in March, the Court declined by a 5-4 vote to allow the administration to withhold some $2 billion in payments to aid organizations for completed work.
with information from Reuters
