Credited from: NEWSWEEK
The Trump administration has formally requested the U.S. Supreme Court to intervene in its efforts to withhold over $4 billion in foreign aid, a significant legal battle reflecting the president’s ongoing attempts to control federal spending. The Justice Department has filed an emergency appeal as part of Trump's broader bid to cut back on U.S. foreign assistance, invoking a rarely used executive authority called a "pocket rescission," which allows the president to request cancelation of appropriated funds without congressional approval, according to Reuters and Newsweek.
U.S. District Judge Amir Ali ruled last week that Trump's approach to freeze the spending was likely illegal, insisting the administration must comply with appropriations laws unless Congress votes to allow the rescission. Following this ruling, the administration expressed concerns over the implications of being forced to allocate funds contrary to its expressed foreign policy goals, stating in court documents that the order posed a "grave and urgent threat to the separation of powers," as reported by CBS News and The Hill.
The Supreme Court’s temporary administrative stay of the lower court's order provides the justices time to consider the administration's request, reflecting a pattern of emergency appeals made by the Trump administration. As noted by Los Angeles Times and HuffPost, Chief Justice Roberts managed the emergency filing process, which critics claim lacks clarity and transparency.
Legal experts warn that the growing frequency of emergency rulings may undermine the established judicial process and accountability. The case brings to light the larger implications of Trump's foreign aid policies and whether the presidency can bypass Congress when it comes to funding already appropriated, as discussed in articles from BBC and Al Jazeera.
The critical deadline for obligating the foreign aid funding approaches on September 30, which may necessitate a swift resolution from the Supreme Court. The administration aims to legislate its foreign policy approach while navigating a complex legal landscape shaped by both statutory obligations and executive power, per Reuters and Los Angeles Times.