The Trump administration has requested that the Supreme Court allow it to withhold over $4 billion in foreign aid that has already been allocated by Congress. This emergency order follows a lower court ruling that confirmed the administration’s obligation to spend the designated funds. An appeals court recently declined to stay that ruling.
The Trump administration’s attempt to withdraw these funds utilizes a legislative process known as a pocket rescission, authorized by the Impoundment Control Act, which permits the president to request the cancellation of previously approved congressional appropriations. Since taking office, President Trump has canceled billions in foreign aid, asserting that such spending does not align with his administration’s objectives.
In a legal filing, Solicitor General D John Sauer expressed concern that the lower court’s injunction threatens the separation of powers, stating that forcing the Executive Branch to act against its goals undermines its ability to communicate effectively in foreign affairs. The Supreme Court’s decision on this matter could occur at any time.
Last week, Judge Amir Ali mandated that the U.S. government must allocate the approved funds unless Congress explicitly endorses the administration’s requests. These funds include about $3 billion for the U.S. Agency for International Development (USAID) and additional money for the State Department, international peacekeeping efforts, and democracy promotion abroad. Following the notice of withholding, concerns have arisen that Congress may lack sufficient time to respond due to the timing within the fiscal year.
Legal challenges have emerged from a coalition of nonprofits and businesses dependent on foreign assistance funding, as this action marks a significant precedent—reportedly the first unilateral attempt to claw back such funding in nearly fifty years. The Trump administration previously announced plans to allocate an additional $6.5 billion in foreign aid funds amid ongoing lawsuits from aid organizations. Past disputes over foreign aid funding have also reached the Supreme Court, including a 5-4 ruling in March that rejected the administration’s request to freeze $2 billion in foreign aid while litigation was pending.
Source: https://www.bbc.com/news/articles/c237vkk10l0o?at_medium=RSS&at_campaign=rss