A divided US Supreme Court has decided not to allow President Donald Trump’s administration to withhold payments to foreign aid organizations for work that has already been completed for the government. This ruling comes as the Republican president seeks to halt American humanitarian projects worldwide.
In a 5-4 decision that poses a setback for Mr. Trump, the court upheld the order from Washington-based US District Judge Amir Ali, which mandated the administration to release funds promptly to contractors and entities receiving grants from the US Agency for International Development and the State Department for their previous work.
Conservative Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh dissented from this decision.
Judge Ali’s order, who is overseeing an ongoing legal challenge against Mr. Trump’s policy, originally required the administration to disburse funding by 26 February, amounting to nearly $2 billion (€1.86bn), a process that may take weeks to complete.
The Supreme Court’s conservative majority of 6-3 includes three justices appointed by Mr. Trump during his first term.
The court did not provide an explanation for its decision.
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With the original deadline now passed, the court has instructed the judge to “clarify what obligations the government must meet to ensure compliance with the temporary restraining order, taking into account the practicality of any compliance timelines.”
A hearing is set for tomorrow regarding the plaintiffs’ request for a preliminary injunction.
A temporary restraining order currently remains in effect until 10 March.
Acting Solicitor General Sarah Harris stated in a Supreme Court filing on 3 March that blocking the order “is necessary to prevent the reinstitution of a new, short-term deadline that would unlawfully take over federal payment processes again.”
Ms. Harris contended that the judge’s order constituted judicial overreach, allowing too little time for the administration to review the invoices “to verify the legitimacy of all payments.”
Lawyers for the administration indicated in a separate 26 February filing that full payments could take weeks to process.
Aid workers have warned of ‘irreversible harm.’
On his first day back in office on 20 January, the Republican president, following an “America First” agenda, initiated a 90-day halt on all foreign aid.
This directive, along with subsequent stop-work orders halting USAID operations globally, has jeopardized the delivery of life-saving food and medical aid, throwing international humanitarian relief efforts into disarray.
Aid organizations have accused Mr. Trump in lawsuits of exceeding his authority under federal law and the US Constitution by effectively dismantling an independent federal agency and canceling spending approved by Congress.
In a Supreme Court filing on 28 February, aid organizations claimed they “would suffer extraordinary and irreversible harm if the funding freeze continues,” impacting their employees and those reliant on their efforts.
The organizations asserted that their “work furthers US interests abroad and enhances – and, in many cases, literally saves – the lives of millions across the globe. By doing so, it helps mitigate issues like disease and instability overseas before they reach our shores,” wrote lawyers representing the foreign aid groups.
“The government’s actions have significantly halted this work,” the lawyers stated, adding that the Trump administration “comes to this court facing an emergency of its own making.”
Activists staged a protest at the Cannon House Office Building in Washington last month against cuts to foreign aid.
Among the plaintiffs in the litigation are the AIDS Vaccine Advocacy Coalition, Journalism Development Network, international development firm DAI Global, and refugee assistance organization HIAS.
The Trump administration has largely kept the disputed payments frozen, despite a temporary restraining order from Judge Ali mandating their release, along with multiple subsequent orders for compliance.
The enforcement order issued by the judge on 25 February pertains to payments for work conducted by foreign aid groups prior to 13 February, when the temporary restraining order was issued.
Amir Ali, appointed by Democratic former President Joe Biden, issued the temporary restraining order to prevent irreparable harm to the plaintiffs while he reviews their claims.
Mr. Trump and his advisor Elon Musk, the world’s richest person, have taken significant steps to reshape and reduce the federal government.
They have dismantled certain agencies, terminated thousands of jobs, reassigned or dismissed hundreds of officials, and removed heads of independent agencies, among other measures.
As the administration seeks to end American-supported humanitarian efforts in numerous countries, it has sent funding termination notices to key organizations in the global aid sector.
Global aid organizations have warned that the US pullback endangers the lives of millions of the world’s most vulnerable individuals, including those battling deadly diseases and residing in conflict zones.
