The U.S. Supreme Court on Friday granted President Donald Trump another win by extending an order that lets his administration keep nearly $5 billion in foreign aid on hold.
In a 6-3 decision, the court’s conservative majority granted the administration’s emergency request, overruling lower courts that had found Trump’s move likely unlawful. The order blocks the release of the funds indefinitely, despite Congress having already approved them.
Trump announced in August that he would not release the money, invoking a rarely used mechanism known as a pocket rescission. The tactic, last attempted about 50 years ago, allows a president to submit a late request to Congress not to spend allocated funds. Because the budget year ends before lawmakers’ 45-day approval window closes, the White House argues that inaction by Congress effectively cancels the spending.
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Justice Department lawyers sought the high court’s intervention after U.S. District Judge Amir Ali ruled that only Congress had the authority to halt the aid. A federal appeals court also declined to suspend Ali’s order, but Chief Justice John Roberts issued a temporary block on Sept. 9. The full court has now allowed that block to remain in place.
In its unsigned order, the majority said Trump’s powers in foreign affairs carried significant weight but emphasized that it was not issuing a final judgment.
The three liberal justices sharply dissented, warning of lasting consequences. “The effect is to prevent the funds from reaching their intended recipients — not just now but (because of their impending expiration) for all time,” wrote Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
The ruling adds to a series of victories Trump has secured through emergency appeals, including moves to curtail protections for migrants, dismiss federal employees, exclude transgender service members, and dismiss leaders of independent agencies. Critics note that such appeals, which fast-track disputes to the Supreme Court with little explanation, were rarely used by past presidents.
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Advocates warn that withholding the funds will undercut humanitarian efforts abroad. “The high court’s decision further erodes separation of powers principles that are fundamental to our constitutional order,” said Nick Sansone of Public Citizen Litigation Group, who represented the AIDS Vaccine Advocacy Coalition. “It will also have a grave humanitarian impact on vulnerable communities throughout the world.”
Trump’s decision to freeze foreign aid has been a centerpiece of his administration’s policy agenda, even though the financial savings are minimal compared with the federal deficit. Critics argue the cuts damage U.S. credibility overseas by disrupting food programs and development initiatives.
The litigation is ongoing. Judge Ali himself acknowledged that his earlier ruling would not be the final word: “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.”
For now, the Supreme Court’s order ensures that billions in aid will remain locked up, with global consequences for those who depended on it.
READ ALSO: Trump uses decades-old maneuver to block $4.9B in foreign aid approved by Congress
