The Trump administration filed an emergency appeal to the Supreme Court late Tuesday night.
Government lawyers asked justices to block a lower court ruling and reinstate a freeze on foreign aid.
The case concerns nearly $12 billion in funding assigned to the U.S. Agency for International Development.
President Trump moved to slash most of that money after returning to office in January.
He justified the freeze as part of his administration’s campaign against foreign aid “waste and abuse.”
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Trump’s Funding Deadline and Executive Order Dispute
Solicitor General D. John Sauer told the Supreme Court urgent intervention was necessary before September.
Without a ruling, Sauer argued, the administration must rapidly disburse about $12 billion in foreign aid.
These funds, mandated by Congress, remain blocked since Trump issued an executive order in January.
The order froze nearly all foreign aid spending and redirected budget priorities toward domestic programs.
Foreign aid groups challenged the decision, insisting Congress—not the president—controls how appropriated funds are spent.
Conflicting Lower Court Rulings on Trump’s Foreign Aid Freeze
Earlier this year, District Judge Amir Ali struck down Trump’s executive order in Washington, D.C.
He directed the administration to release billions of dollars already approved for USAID projects worldwide.
However, the D.C. Circuit Court of Appeals partly overturned Judge Ali’s ruling in August.
A divided 2-1 panel concluded the plaintiffs lacked sufficient legal authority to challenge the president.
The appeals court determined Trump had not clearly exceeded his executive powers under constitutional boundaries.
Judges’ Reasoning on Trump Foreign Aid Authority
Judge Karen Henderson, writing for the majority, emphasized the plaintiffs lacked standing under the law.
She explained that suing the executive branch over budget impoundment requires a stronger legal foundation.
Foreign aid groups, Henderson argued, could not prove the president plainly violated constitutional or statutory limits.
Her opinion stressed that decisions about unspent funds must remain within the political branches of government.
The ruling rejected arguments that the administration unlawfully withheld aid Congress had already appropriated.
In his Supreme Court filing, Sauer argued Congress never authorized unlimited lawsuits over impounded funds.
He maintained disputes about rescinded money should be resolved between Congress and the White House.
The solicitor general insisted the lower court wrongly pre-judged the president’s constitutional authority over spending.
He urged the justices to preserve the administration’s ability to control foreign aid obligations before expiration.
The request marks the second time in six months that USAID funding reached the high court.
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