The Trump administration has asked the U.S. Supreme Court to clarify on whether it can block billions of dollars in foreign assistance approved by Congress. In a Tuesday filing, the Justice Department said it is seeking immediate clarity, pointing to looming deadlines that require agencies to finalize spending plans before the fiscal year ends on September 30.
Earlier this month, a divided panel of the U.S. Court of Appeals for the D.C. Circuit sided with the administration, overturning a lower court ruling that had forced the State Department and USAID to spend the full amount appropriated by lawmakers. The majority concluded that nonprofits and businesses challenging the freeze lacked valid legal standing. That ruling has not yet taken effect, leaving agencies bound by the district court’s order to continue distributing the funds. Opponents have since asked the full D.C. Circuit to reconsider the decision.
The Justice Department urged the Supreme Court to decide by September 2, saying agencies need time to negotiate with foreign governments and international organizations and to notify Congress before some of the money expires. The challengers argued in their brief that withholding the aid has deprived vulnerable populations of lifesaving assistance and warned the appeals court decision marked a “transformation in constitutional law” that would shield executive impoundment from judicial review.
In response, the Justice Department said disputes over spending authority should be resolved directly between Congress and the executive branch, not by private parties in court.
Read the court filing.
