In a bold move that’s got Washington buzzing, the Trump administration is knocking on the Supreme Court’s door to keep billions in foreign aid on ice, defying lower court orders to spend the cash.
The crux of this high-stakes drama is the administration’s fight to withhold roughly $12 billion in congressionally approved foreign aid, a battle that’s been simmering through the courts with tens of billions more potentially at stake, as The Hill reports.
This saga kicked off with the administration’s decision to block these funds, a move that’s raised eyebrows and legal challenges from nonprofit groups who argue the money must flow as Congress intended.
Legal battle heats up
Earlier this year, in a 5-4 ruling, the Supreme Court declined to support Trump’s bid to freeze nearly $2 billion of these payments, sending the case back to the lower courts for more wrangling.
Fast forward to this month, and a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit sided with the administration, ruling 2-1 that only Congress’s comptroller general — not the suing nonprofits — can legally contest such presidential impoundments.
Yet, U.S. District Judge Amir Ali isn’t backing down, ordering the administration to draft a spending plan for the funds by the looming September 30 deadline, keeping the pressure on.
Emergency filing sparks urgent debate
Not content to sit idle, the Justice Department filed an emergency application with the Supreme Court on Tuesday, pleading for a pause on Judge Ali’s order while the legal dust settles.
Solicitor General D. John Sauer didn’t mince words, warning that “absent this Court’s intervention,” the government risks losing its ability to propose cuts, leaving funds to expire if Congress doesn’t act by the deadline.
Well, isn’t that a fine mess? If the highest court doesn’t step in, the administration might be forced to shell out billions against its foreign policy instincts, a bitter pill for those who value executive prerogative.
Billions hang in balance
Sauer also cautioned that this could “force the government” to hastily commit $12 billion by September 30, plus tens of billions more, sidelining the executive’s judgment on international spending.
Let’s unpack that: when unelected judges play “supervisor-in-chief,” as Sauer put it, are we really respecting the separation of powers, or just handing the reins to the judiciary? It’s a fair question for conservatives wary of overreach.
Meanwhile, the nonprofit groups aren’t giving up, petitioning the full D.C. Circuit to overturn the appeals court’s ruling, though no decision has come down yet.
Clock ticking toward key deadline
With Sept. 30 fast approaching, the stakes couldn’t be higher — miss that date, and the funds could vanish if Congress fails to intervene, a scenario no one seems eager to face.
For those of us who champion fiscal restraint and strong executive leadership, this isn’t just about dollars — it’s about who gets to call the shots on America’s global commitments without bowing to every progressive cause.
So, as the Supreme Court mulls this emergency plea, one thing is clear: the fight over foreign aid is a microcosm of a bigger battle over power, policy, and principle in a deeply divided capital. Turns out, even billions can’t buy consensus.
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Author: Mae Slater
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