Supreme Court extends Trump administration’s $5 billion foreign aid freeze amid ongoing legal challenge

The U.S. Supreme Court on Friday extended an earlier order that allows the Trump administration to continue blocking nearly $5 billion in congressionally appropriated foreign funds. 

The U.S. Department of Justice had reached out to the high court for an emergency appeal after a district court judge ruled the administration’s decision to hold the aid was likely illegal, adding that Congress would need to approve the withholding of funds. 

“This case raises questions of immense legal and practical importance, including whether there is any avenue to test the executive branch’s decision not to spend congressionally appropriated funds,” District Judge Amir Ali said at the time. 

Friday’s ruling was 6 to 3, with the three liberal justices dissenting. 

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President Donald Trump last month sent a letter to House Speaker Mike Johnson, explaining he was using a pocket rescission, which allows a president to submit a request to Congress to hold approved funds near the end of the fiscal year. 

Under federal law, Congress has to approve the rescission within 45 days or the money must be spent. But the budget year will end before the 45-day window closes, and, in this situation, the White House is asserting that congressional inaction allows it not to spend the money.

It was the first use of a pocket rescission in 50 years. 

Friday’s ruling extends a temporary block put on the lower court ruling by Chief Justice John Roberts on Sept. 9. 

The conservative justices in the majority Friday said that Trump’s authority on foreign policy weighed in the decision but cautioned that it wasn’t a final ruling on the matter. 

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Reductions in foreign aid have become a hallmark of the Trump administration’s America First agenda. 

In her dissenting opinion, Justice Elena Kagan, joined by justices Sonia Sotomayor and Ketanji Brown Jackson, said, “The effect is to prevent the funds from reaching their intended recipients — not just now but (because of their impending expiration) for all time.” 

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The administration called the funds, which would have been used as foreign aid, for United Nations peacekeeping efforts and to promote democracy in other countries, “contrary to U.S. foreign policy.” 

The Associated Press and Reuters contributed to this report.