The Trump administration has asked the Supreme Court to permit the withholding of more than $4 billion (£3 billion) in foreign aid, challenging a lower court ruling requiring that the funds be spent.
This move seeks an emergency order to overturn an injunction issued by a lower court. The move comes as Trump attempts to utilize a legislative tool aimed at retracting funds that Congress had approved for foreign assistance programs.
Solicitor General D John Sauer articulated concerns about the injunction in the filing, describing it as posing a serious risk to the separation of powers, stating the President should not be compelled to advocate against his own policy objectives due to court mandates.
The Supreme Court is yet to rule on this matter, and it could have significant ramifications for the balance of power between Congress and the Executive. Last week, a court ruling mandated that the U.S. government had a statutory obligation to utilize the allocated funding unless Congress approved the request from Trump’s administration.
On August 28, Trump informed the House of Representatives that his administration would not spend billions in foreign aid allocated this fiscal year, which notably includes around $3 billion earmarked for USAID and additional funds for international peacekeeping and democracy initiatives.
This approach marks a contentious episode, as Trump has been critical of foreign aid expenditures, calling them wasteful, and has previously dismantled several programs under USAID's oversight. To achieve this funding cut, Trump attempted a pocket rescission based on the Impoundment Control Act, a method not used by presidents for decades.
The implications of this legal battle extend beyond the immediate funding issue, as it may establish foundational legal standards regarding executive authority in budget matters.
