The Trump administration has requested the Supreme Court's intervention to allow the withholding of over $4 billion (£3 billion) in foreign aid. This move comes in light of a recent ruling by a lower court which stated the administration had no choice but to spend the funds allocated by Congress.
The urgent request from the administration follows a previous decision by an appeals court to not freeze the ruling, prompting Solicitor General D John Sauer to express concerns about the potential implications for the separation of powers in a legal filing.
In his statement, Sauer articulated that the ruling restrains the Executive Branch's ability to pursue its foreign policy effectively, alleging it undermines the president's capacity to direct foreign affairs.
Last week, Judge Amir Ali determined that the federal government must disburse the funds unless Congress approves the administration's request to modify the allocation. This includes approximately $3 billion designated for the US Agency for International Development (USAID) and other foreign assistance programs.
Since resuming office, Trump has implemented cuts to foreign aid that he argues do not align with his administration’s priorities, utilizing a legislative measure known as a pocket rescission under the Impoundment Control Act. This action marks a historical precedent, being the first instance in decades where a president has attempted to retract funds in this way.
The request, submitted as fiscal deadlines loom, risks leaving the allocated money unspent, as there may not be sufficient time left for Congress to respond. Additionally, a coalition of nonprofits and organizations that depend on foreign assistance funding have initiated legal challenges against this decision.
The Supreme Court's ruling on this matter could arrive at any moment, further impacting the future of foreign aid allocation in the United States.