The Trump administration requested the Supreme Court on Monday to issue an emergency order to maintain the freeze on billions of dollars in foreign aid. The dispute centers on nearly $5 billion in aid approved by Congress that President Donald Trump recently chose not to spend, citing a rarely used authority last exercised about 50 years ago.
U.S. District Judge Amir Ali ruled last week that the administration’s withholding of funds was likely illegal. On August 28, Trump informed House Speaker Mike Johnson that he would not spend $4.9 billion in congressionally approved foreign aid, effectively cutting the budget without legislative approval.
Trump employed a “pocket rescission,” a process where a president requests Congress near the end of a budget year to rescind funds. Because the request comes late, Congress cannot act within the required 45-day window, resulting in unspent money. Judge Ali stated that only Congress can approve such rescissions, writing, “The law is explicit that it is congressional action – not the President’s transmission of a special message – that triggers rescission of the earlier appropriations.”
After a federal appeals panel declined to block Ali’s ruling, the administration appealed to the Supreme Court. The Justice Department said last month that another $6.5 billion previously frozen would be spent before the fiscal year ends on September 30.
Nonprofit groups suing the government argue the freeze violates federal law and has halted funding for critical lifesaving programs abroad.
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