The Trump administration has asked the Supreme Court for permission to withhold over $4 billion (£3 billion) in foreign aid, a significant financial decision that has provoked legal disputes and debates over presidential power.
The administration is seeking an emergency order concerning funds designated for foreign assistance programs, which Congress has already approved. A lower court recently upheld a ruling stating the administration was obliged to honor these allocations, which an appeals court also upheld last week.
Trump's efforts to use a rarely invoked legislative approach to retract these funds come amid claims that the appropriated aid does not align with his administration's strategic goals. Solicitor General D John Sauer, in a filing, stated that the lower court's injunction posed an urgent threat to the separation of powers, arguing that it forced the Executive Branch to act against its interests.
This legal conflict highlights ongoing tensions regarding foreign aid, with Judge Amir Ali's order mandating that the government must expend the allocated funds unless Congress agrees to Trump's request. The ramifications of this late-stage notice threaten to leave significant portions of the aid unspent, as there may not be sufficient time for Congressional action.
The foreign aid in question includes roughly $3 billion earmarked for the U.S. Agency for International Development (USAID), as well as allocations for the State Department, international peacekeeping, and democracy-promotion efforts abroad. Previously, Trump has caused significant reductions in USAID, deeming its expenditures unnecessary.
Utilizing a tool called pocket rescission through the Impoundment Control Act, Trump aims to retract funds sanctioned by Congress, an unprecedented action in nearly fifty years. A coalition of nonprofits and businesses benefiting from the foreign assistance funding has actively challenged Trump's decisions in court.
The Supreme Court's decision on this matter is awaited with anticipation, as it could set a crucial precedent about the bounds of presidential power regarding foreign aid. This is not the first instance of dispute over foreign aid ruling reaching the Supreme Court; in March, a 5-4 ruling denied Trump's effort to retain $2 billion in foreign aid while appeals were ongoing.