Supreme Court Temporarily Freezes Foreign Aid Payments

The Supreme Court decided on Tuesday to allow the government to suspend nearly $5 billion in foreign aid payments that President Trump had attempted to cancel through an uncommon “pocket withdrawal” last month.

In a brief order, Chief Justice John Roberts endorsed the Trump administration’s urgent appeal to halt a ruling made by a federal judge on September 3, which mandated the release of $11.5 billion in funds that had been allocated by Congress.

Roberts partially upheld the lower court’s spending order from the Washington, DC district judge Amir Ali, stipulating it was “subject to receipt of August 28, 2025.” This refers to a proposal that is still awaiting congressional consideration.

Last month, Trump informed House Speaker Mike Johnson (R-LA) of his request to cancel funds from various programs, including $3.2 billion from the US Agency for International Development (USAID) Development Assistance, $322 million from the USAID State Democracy Fund, and additional contributions to international organizations totaling over $1 billion.

This “pocket withdrawal” will be submitted to Congress later this fiscal year, which wraps up on September 30, and it will be enacted regardless of whether Congress approves it.

Interestingly, such a procedural tactic hasn’t been utilized by a president in nearly 50 years.

The approximately $5 billion in funding is currently tied up with several nonprofit organizations and foreign governments.

Judge Ali, who was appointed by former President Joe Biden, ruled last week that Congress must sanction any withdrawal of funds that the Trump administration proposed to withhold.

He noted, “To date, Congress has not responded to the President’s proposal to withdraw funds,” stating that the Impoundment Control Act clarifies it is Congress’s actions that dictate fund withdrawal, rather than any special message from the President.

A nonprofit organization that has filed a lawsuit against the Trump administration over the halted funding claims it violates federal law and poses a threat to emergency lifesaving programs abroad.

Attorney General D. John Sauer characterized Ali’s ruling as “an illegal injunction that causes unnecessary emergencies and unnecessary interbranch disputes.”

Roberts requested the nonprofit leading the lawsuit, the Global Health Council, to provide responses by Friday for further assessment by the Supreme Court.