The Trump administration on Tuesday asked the U.S. Supreme Court to intervene in a dispute over the withholding of foreign aid funds and to lift an injunction that is presently compelling it to continue payments.
The U.S. Department of Justice, under the conservative majority court, has filed an emergency appeal to overturn the injunction. This development follows earlier reports that a 2-1 panel of the U.S. Court of Appeals for the District of Columbia Circuit had ruled the injunction should be overturned. Yet, despite this ruling, the injunction issued by U.S. District Judge Amir Ali remains in effect.
On January 20, President Trump imposed a 90-day pause on all foreign aid. This move was swiftly followed by assertive measures to restructure USAID, America’s primary foreign aid agency. Among these changes were staff reductions and proposals to integrate the formerly independent agency into the State Department.
Two nonprofit organizations, the AIDS Vaccine Advocacy Coalition and Journalism Development Network, brought litigation alleging Trump’s funding freeze was unlawful. According to reliable sources, these organizations receive federal funding and argue that the tens of billions of dollars earmarked for foreign aid should not be withheld.
The Trump administration, in its appeal to the Supreme Court, claims that without intervention, it will be forced to continue payments before the funds expire on September 30. The administration argues that this compels them to override their own foreign-policy judgments.
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This raises important questions about the balance of power between the executive and judicial branches. U.S. District Judge Amir Ali, an appointee of President Biden, ordered the Trump administration to pay nearly $2 billion in outstanding aid to its humanitarian partners worldwide. This order was upheld by the U.S. Supreme Court in March by a 5-4 vote.
The D.C. Circuit panel has ruled that the nonprofit groups failed to satisfy the requirements for an injunction. U.S. Circuit Judge Karen Henderson, writing for the majority, determined that only the U.S. Government Accountability Office, a watchdog agency, could challenge Trump’s efforts to withhold the funding.