Chief Justice John Roberts on Tuesday temporarily upheld the Trump administration’s decision to block nearly $5 billion in foreign aid, giving the White House a short-term legal victory as the broader case continues to move through the courts.
While the Supreme Court’s order is not final, it suggests the justices could ultimately side with the administration and overturn a lower court ruling that found the freeze likely unlawful. Roberts issued the order in response to an emergency appeal filed by the administration in a dispute over billions in congressionally approved aid.
The Associated Press reported that President Donald Trump announced last month he would not distribute the funds, invoking a disputed executive authority that has not been used by a president in about half a century. The Trump administration has consistently sought to scale back foreign assistance, arguing the cuts allow for reprioritization of spending.
Roberts acted on the administration’s emergency request after U.S. District Judge Amir Ali ruled last week that Congress would have to approve the decision to withhold the funds. Trump had informed House Speaker Mike Johnson, R-La., in an Aug. 28 letter that he would not release $4.9 billion in foreign aid, effectively slashing the budget without legislative approval.
The president used a maneuver known as a pocket rescission, in which a request is sent to Congress near the end of a budget year to cancel spending authority. Because the notification came so late, lawmakers were unable to act within the required 45-day window, leaving the money unspent.
The administration has made steep foreign aid cuts a central policy objective, even though the savings are modest compared with the federal deficit. Opponents warn the reductions could damage America’s standing abroad as foreign communities lose access to food and development programs. The White House sought Supreme Court intervention after a panel of appellate judges refused to halt Ali’s ruling.
Justice Department attorneys told a federal judge last month that another $6.5 billion in aid previously subject to the freeze would be distributed before the end of the fiscal year on Sept. 30. Ali acknowledged that his decision would not be the final word in the case, which has been moving through the courts for months.
