Four conservative Supreme Court judges wrote vehement opposition on Wednesday after the court majority rejected the Trump administration's request to continue a temporary freeze on foreign aid.
Judge Samuel Alito exploited the High Court majority by allowing a lower court judge to decide on its own a timeline for paying about $2 million in payments for a previously completed foreign aid project.
In a harsh opposition on page 8, Alito called the decision a “unfortunate failure” and said he “rewards the “judicial law” by US District Judge Amir Ali.”
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Susan Scholl holds anti-Eron Musk signs during a cut protest at the headquarters of the US International Development Agency on February 3, 2025 in Washington, DC (Pete Key Heart of the Washington Post via Getty Images)
“Do district court judges who may lack jurisdiction have unconfirmed authority to force the US government to pay 2 billion taxpayer dollars?
“I'm feeling uneasy.”
He was joined by Judges Clarence Thomas, Neil Gorsuch and Brett Kavanaugh.
Alito and other opposition judges confirmed Wednesday that the plaintiffs raised “serious concerns about non-payment” over the completed work, but they argued that Ali's repayment order and time frame were “too extreme.”
Supreme Court judges attend President Trump's inauguration in Washington, DC (Washington Post via Ricky Carioti/Getty)
“The district court has made it clear to the government and respondents raised serious concerns about non-payment of completed work,” they said in dissent. “But the salvation ordered is a very simple, too extreme reaction.”
The 5-4 Supreme Court decision will return the case to DC Federal Court and Judge Ali, hashing details of what must be paid.
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Retired US international development worker Julie Hanson Swanson joined other agency supporters outside the USAID office in Washington, DC on February 21, 2025. (Manuel Barssenetta/AP photo)
The problem with the incident was that the government would have to pay nearly $2 billion in payments to support the group and contractors for a completed project funded by the US Agency for International Development (USAID) funded by the United States Organization for International Development (USAID) in order to eliminate all foreign spending from the government as “efficiency” and eliminate waste.
The funds have been frozen as part of the administration's bloc on all foreign aid, and last month urged international groups and contractors to file lawsuits, prompting the Trump administration to file an emergency appeal with the Supreme Court.
Secretary John Roberts stepped in and agreed to suspend the timeline so that the full court could consider the case.
Our representative general, Sarah Harris, argued that the plaintiff's claims are likely “legal,” but the time set by Ali was “impossible” and “not possible, logistically or technically feasible.”
Ali immediately moved on Wednesday to take action on an unpaid foreign aid case. A new court hearing was set up on Thursday afternoon to consider the matter.
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Soon, the court should prepare to discuss the proposed timeline of the Trump administration to ensure that lawyers for both parties comply with outstanding payments.
Jake Gibson of Fox News contributed to this report.
