Chief Justice John Roberts has temporarily upheld the Trump administration’s freeze on nearly $5 billion in foreign aid, responding to an emergency appeal from the administration. The case concerns billions of dollars in aid that Congress had approved, but which President Donald Trump decided not to spend, citing a rarely used authority last invoked about 50 years ago.
The Supreme Court’s order is temporary and indicates that the justices may ultimately overturn a lower court ruling that found withholding the funds likely illegal. Last week, U.S. District Judge Amir Ali ruled that only Congress could approve withholding such funding.
Roberts’ decision means the Supreme Court will continue reviewing the case. He has asked plaintiffs to respond to the administration’s appeal by Friday.
On August 28, Trump informed House Speaker Mike Johnson that he would not release $4.9 billion in foreign aid approved by Congress, effectively reducing spending without legislative approval. This was done through a process called pocket rescission: when a president submits a request near the end of a budget year asking Congress not to spend certain funds, making it impossible for lawmakers to act within the required 45-day window and leaving the money unspent.
Reducing foreign aid has been a central policy for the Trump administration, even though it results in limited savings compared to overall deficits and can affect America’s standing abroad as populations lose access to food and development programs. After a federal appellate panel declined to block Judge Ali’s ruling, the administration turned to the Supreme Court for relief.
Justice Department lawyers have said another $6.5 billion in frozen aid will be spent before September 30, when the fiscal year ends.
Judge Ali acknowledged his decision might not be final: “This case raises questions of immense legal and practical importance, including whether there is any avenue to test the executive branch’s decision not to spend congressionally appropriated funds,” he wrote.
In August, an appeals court threw out an earlier injunction requiring immediate spending of the money but allowed litigation over Trump’s actions to continue.
