Supreme Court Halts Rush to Spend $4 Billion in Foreign Aid

[noumoe]

The Supreme Court moved swiftly Friday to stay a lower court’s order that would have compelled the Trump administration to commit $4 billion in foreign aid funds before they lapse at month’s end. This comes after a D.C. district judge on September 3 blocked the executive’s plan to withhold the money—part of a broader $10.5 billion pot—under the 1974 Impoundment Control Act (ICA). Lower courts turned down the government’s pleas for pauses, prompting the emergency appeal.

In a per curiam order, the Court found the administration’s case strong enough at this preliminary juncture. It held that the ICA likely bars the challengers—a coalition of aid advocates—from using the Administrative Procedure Act to force spending, and that mandamus isn’t an option for them either. Weighing the scales, the justices noted harms to the executive’s foreign policy conduct tip against the plaintiffs’ potential losses. “This order should not be read as a final determination on the merits,” the majority cautioned, framing the stay as measured interim relief under established standards.

[noumoe]

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