The Supreme Court on Wednesday denied the Trump administration's request to block a lower court order to pay nearly $2 billion in foreign aid, delivering short-term grace to international aid groups and contractors seeking payments for previously completed projects.
In a one-paragraph decision, the court said that the February 26 deadline imposed by the lower court has already expired, so the court must now present new instructions.
“Given that the deadline for the challenged order has been passed, in light of the ongoing interim injunction proceedings, the district court should fully consider the feasibility of the timeline of compliance and make clear what obligations the government must fulfill to ensure compliance with the temporary restraining order,” the court said.
Judge Samuel Alito opposed, joined by Justice Clarence Thomas, Neil Gorsuch and Brett Kavanaugh.
Trump temporarily blocked it with Doge Mission to end USAID
Protesters and lawmakers are opposed to President Donald Trump and Elon Musk's actions, including the demolition of the US International Development Agency at Capitol Hill, Washington. (AP Photo/j. Scott Apple White)
“Does a district court judge who may lack jurisdiction have unconfirmed authority to force the US government to pay 2 billion taxpayer dollars? “I'm shady.”
Secretary John Roberts agreed to suspend a lower court decision last Wednesday. Trump administration By 11:59pm, the total amount was around $1.9 billion to pay all outstanding invoices to the foreign aid group, a timeline that the Department of Justice argued was “impossible” to follow. Roberts gave no reason to agree to suspend an order issued by Biden's appointee, US District Judge Amir Ali, but it was widely expected that the Supreme Court would introduce the matter to the full court for review.
Importantly, the suspension prevented foreign aid groups from filing allegations of civil contrarianism against the Trump administration. This is a legal manipulation that in this week's interview, employees from the affected groups said they accelerated the process to curb unpaid debt.
The question is whether nearly $2 billion will have to be paid to support groups and contractors for a completed project funded by the United States Organization for International Development (USAID) at the time the government issues a comprehensive freeze on all foreign spending that eliminates “efficiency” and waste in the name of the government.
In a new court filed Monday, U.S. Attorney General Sarah Harris said that while plaintiffs' claims are likely “legal,” it was “not logistically or technically feasible” when US District Judge Amir Ali gave them to pay the unpaid bill.
Harris also argued Monday that the order could be a violation of the administrative authorities granted by the constitution to the elected president.
He ordered the Trump administration to pay on a timeline of lower court choices, “regardless of whether the demand is justified or not, or there is no time yet,” Harris said, “an intrusion on the president's foreign rights” and the administrative overseer regarding the distribution of foreign aid.
This is why he has filed dozens of lawsuits trying to counteract Trump's early actions when the president fails.
Volunteers at Zanzalima Camp for internal displaced people who have dropped 50 kilograms of flour sax, part of an aid delivery from USAID in Bahirdar, Ethiopia. USAID began providing food aid to camps in September 2021. (J. Countess/Getty Images)
The plaintiff rejected the concept entirely. They argued in their own Supreme Court filing that a lower court judge ordered the Trump administration to begin paying foreign aid more than two weeks ago. They said the government simply failed to meet or even took steps to meet – the government said it had no plans to do well to meet that demand.
The Trump administration “has never taken steps towards compliance” Judge Ali's order called for the government to freeze federal funds and pay $19 billion in payments.
They also rejected the administration's claim in court last week, saying it would take “a few weeks” to resume the payment system.
Rather, they said the Trump administration moved too quickly to dismantle the systems needed to send payments to foreign aid groups in the first place.
“All of these invoices have already been approved by USAID's frontline managers. What the government itself created was actually these payment bottlenecks, which caused repayment issues.
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Employees and supporters will meet on February 3, 2025 to protest outside the United States Organization for International Development (USAID) headquarters. (Kevin Dietsch/Getty Images)
The challenge for the High Court comes as many of the foreign aid groups that sued the administration earlier this year have already been stripped of most of their funds. This matches President Donald Trump He stated plans to cut approximately 90% of USAID foreign aid contracts and cut additional $60 billion in foreign aid spending.
The White House has not yet published a list of contracts and grants planned for elimination or continuing. However, critics argue that the rapid withdrawal of US investment and presence around the world is putting economic harm, reputational damage and new security risks at stake both domestically and internationally.
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Scott Greytak, director of Group US Transparency International, said in a statement that reducing such a large amount of US foreign aid is a significant economic and security risk. He said that eliminating US funding for certain projects “can open the door to an increase in cross-border corruption, fraud and other crimes, particularly in countries at high risk of corruption,” he said.
This could create new obstacles for US companies seeking to expand into foreign markets, and could serve as an invitation to “US competitors, especially China, to fill the void created by the absence of US involvement,” according to Graytuck, who has an active chapter in more than 100 countries around the world.
This is a broken news story. Please check for updates immediately.
