September 27, 2025


US Supreme Court Backs Trump in Freezing $4 Billion Foreign Aid, Stirring Constitutional Debate

In a pivotal decision on Friday, the US Supreme Court granted President Donald Trump's administration the authority to freeze $4 billion in foreign aid, a move that has ignited a fierce debate over the constitutional balance of power. The court's decision to stay a lower court ruling, which had mandated the administration to allocate the funds by the fiscal year's end on September 30, underscores a significant assertion of executive control over federal appropriations.

According to the majority, the government demonstrated that the Impoundment Control Act of 1974, which restricts lawsuits by private entities aiming to enforce spending laws, supports the executive’s prerogative in foreign policy matters. The justices emphasized that the potential detriment to the executive's foreign affairs management outweighs the harm that might befall the responding parties. However, they noted that this decision does not resolve the underlying legal issues permanently.

The dissent, led by Justice Elena Kagan and joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, criticized the majority for what they perceived as a premature intervention in a matter with deep constitutional implications. Kagan highlighted the risk posed by using the emergency docket for resolving complex constitutional matters without comprehensive briefing or oral arguments. She argued that the administration's inconvenience in adhering to Congress's budget directives does not constitute irreparable harm.

Central to this controversy is whether entities such as the AIDS Vaccine Advocacy Coalition and the Global Health Council can sue under the Administrative Procedure Act to enforce the spending of allocated funds. These organizations contend that withholding these funds contradicts appropriations law and hampers critical aid programs globally.

On the other hand, the administration argues that only the Comptroller General has the authority to bring such enforcement actions, as stipulated by the 1974 Impoundment Control Act—a law enacted in response to President Richard Nixon's extensive budget impoundments.

The administration's stance, as articulated by Solicitor General D. John Sauer, is that compelling the executive to spend the contested $4 billion would severely threaten the President's negotiating capabilities with Congress and international bodies.

The Supreme Court's latest order effectively prevents the expenditure of the disputed funds before the fiscal deadline, casting a shadow over the future of the appropriated money as the legal battle continues. Advocacy groups have expressed deep disappointment, with Nicolas Sansone of Public Citizen Litigation Group warning of the decision's broader implications for separation of powers and its potential to cause significant humanitarian harm.

This ruling marks the third occasion the Supreme Court has been approached regarding the foreign aid impoundment issue under Trump's current term, reflecting ongoing tensions and the complex interplay between the executive branch and Congress over fiscal governance.