The Supreme Court has decided to maintain an order that allows the administration of President Donald Trump to keep nearly $5 billion in foreign aid frozen. This decision, which came with dissent from the court’s three liberal justices, marks another win for the administration in a broader debate over presidential powers.
The case centers on congressionally approved aid that Trump chose not to distribute, invoking a rarely used executive authority. In August, Trump informed House Speaker Mike Johnson in a letter that he would not release $4.9 billion in foreign aid, effectively bypassing congressional control over spending. The maneuver used by Trump is known as a “pocket rescission,” where the president requests Congress to rescind funds near the end of a budget year. If Congress does not act within 45 days and the fiscal year ends before that period lapses, the administration argues it is not required to spend the money.
A federal judge, Amir Ali, previously ruled that Trump’s action was likely illegal and said Congress would need to approve withholding the funds. However, when the federal appeals court declined to pause Ali’s ruling, Chief Justice John Roberts issued a temporary block earlier this month. The Supreme Court has now extended this block indefinitely.
The unsigned majority order stated that Trump’s authority over foreign affairs played a significant role in their decision but emphasized it was not a final judgment on the matter.
Justice Elena Kagan dissented from the majority’s decision. “The effect is to prevent the funds from reaching their intended recipients — not just now but (because of their impending expiration) for all time,” Kagan wrote in her dissent, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
The use of emergency appeals has allowed several major Trump administration policies to proceed while legal challenges continue. These appeals have enabled actions such as removing protections for migrants and dismissing federal employees without final rulings from lower courts.
Despite criticism about potential harm to America’s reputation abroad due to cuts in foreign aid programs, Justice Department lawyers told a federal judge last month that another $6.5 billion in aid affected by similar freezes would be distributed before next Tuesday’s end of the fiscal year.
Judge Ali acknowledged that his decisions may not be definitive given ongoing litigation: “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.
An earlier injunction requiring immediate distribution of funds was dismissed by an appellate panel in August; however, they did allow related lawsuits against the administration’s actions to proceed.
###
