The Supreme Court on Wednesday rejected President Trump’s emergency request to freeze nearly $2 billion in foreign aid as part of his efforts to slash government spending.
The court’s brief order was unsigned, which is typical when the justices act on emergency applications. It said only that the trial judge, who had ordered the government to resume payments, “should clarify what obligations the government must fulfill.”
But the ruling is one of the court’s first moves in response to the flurry of litigation filed in response to President Trump’s efforts to dramatically reshape government. The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joining the three liberal members to form a majority.
Justice Samuel A. Alito Jr., writing for the four dissenting justices, said the majority had gone profoundly astray.
“Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the government of the United States to pay out (and probably lose forever) $2 billion taxpayer dollars? “ he asked. “The answer to that question should be an emphatic ‘No,’ but a majority of this court apparently thinks otherwise. I am stunned.”
The administration halted the aid on Jan. 20, President Trump’s first day in office. Recipients and other nonprofit groups filed two lawsuits challenging the freeze as an unconstitutional exercise of presidential power that thwarted congressional appropriations for the U.S. Agency for International Development.