Three justices dissented, saying they disagreed with the majority’s ruling on a law enabling the president to withhold congressionally authorized funds.
The Supreme Court on Sept. 26 extended its prior order letting the Trump administration temporarily withhold approximately $4 billion in foreign aid funding previously authorized by Congress.
The full court granted the federal government’s request to impound the congressionally appropriated funds after Chief Justice John Roberts granted an administrative stay on Sept. 9, allowing the justices more time to consider the request.
The case is U.S. Department of State v. AIDS Vaccine Advocacy Coalition and Global Health Council v. Trump.
Justice Elena Kagan filed a dissenting opinion, which Justices Sonia Sotomayor and Ketanji Brown Jackson joined.
The Department of Justice (DOJ) had previously asked the justices to pause a ruling by Washington-based U.S. District Judge Amir Ali, who ordered the federal government to spend about $4 billion in previously appropriated funds.
The money is earmarked for foreign aid and United Nations peacekeeping projects. Various nonprofit groups applied to the courts to free up the funds.
The Supreme Court said in its new order that the federal government had made a strong enough showing that the federal Impoundment Control Act bars a lawsuit seeking to force the government to spend the funds.
The court also said the harms the executive branch faces from interference in the conduct of the nation’s foreign affairs “appear to outweigh the potential harm faced by respondents.”
The court cautioned that today’s ruling is only a “preliminary view, consistent with the standards for interim relief,” and that it should not be seen as a final determination on the merits of the case.
This is a developing story and will be updated.
