In a significant victory for the Trump administration, Chief Justice John Roberts on Tuesday issued a temporary order allowing the freeze of nearly $5 billion in congressionally approved foreign aid, halting a lower court ruling that deemed the move likely illegal. The decision, part of an ongoing legal battle, underscores tensions over presidential authority and Congress’s power of the purse, with far-reaching implications for U.S. foreign policy.
President Donald Trump, in a letter to House Speaker Mike Johnson on August 28, 2025, announced he would not spend $4.9 billion in foreign aid, invoking a rare “pocket rescission” under the Impoundment Control Act. This maneuver, last used by a president nearly 50 years ago, allows the executive to withhold funds by submitting a rescission request to Congress late in the fiscal year, effectively preventing legislative action within the mandatory 45-day window. The move aligns with Trump’s broader policy of slashing foreign aid, which he has criticized as wasteful, despite warnings of damage to U.S. global influence and disruptions to food and development programs abroad.
U.S. District Judge Amir Ali ruled last week that Trump’s decision likely violated federal law, ordering the funds to be released. However, Roberts’ temporary stay, issued in response to an emergency appeal from the Justice Department, suggests the Supreme Court may overturn Ali’s ruling. The case continues, with Roberts directing plaintiffs, including aid organizations like the AIDS Vaccine Advocacy Coalition, to respond by Friday, September 12, 2025.
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The legal saga began earlier this year when Trump’s executive order froze billions in aid, prompting lawsuits alleging an unconstitutional overreach. In August, the U.S. Court of Appeals for the D.C. Circuit overturned an earlier injunction by Ali but allowed the lawsuit to proceed, leading to Ali’s latest order. Justice Department lawyers have argued that an additional $6.5 billion in previously frozen aid will be spent by September 30, the end of the fiscal year, though the $4.9 billion remains in dispute.
Judge Ali emphasized the case’s significance, noting it raises “questions of immense legal and practical importance” about the executive’s ability to bypass congressional appropriations. Critics, including Niranjali Amerasinghe of ActionAid USA, have decried the freeze, warning of its devastating impact on lifesaving programs. The Supreme Court’s final ruling could set a precedent for the balance of power between the branches, with global humanitarian efforts hanging in the balance.
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