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America March 5, 2025 4 mins read

Supreme Court Orders USAID to Release $2 Billion in Foreign Aid

America ı By Rihem Akkouche

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USAID Foreign Aid Funding Release

In a razor-thin 5-4 decision, the U.S. Supreme Court ruled Wednesday that the Trump administration must unfreeze up to $2 billion in foreign aid funding, but left lingering questions by instructing a Washington, D.C., judge to clarify the exact obligations of the government. The ruling injects new urgency into a legal battle over executive power and government spending while leaving room for further legal maneuvering.

A Contentious Verdict: Foreign Aid on the Line

The Supreme Court denied the administration's emergency request to overturn a lower court’s order that mandated the government pay U.S. State Department and USAID contractors for work completed before February 13.

With the fate of billions at stake, the justices remained divided. Conservative stalwarts Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh dissented, warning against a single district judge wielding unchecked authority to force a multi-billion-dollar payout of taxpayer money.

Trump’s Foreign Aid Freeze Sparks Legal Battle

President Donald Trump, in a move that shook the international aid community, ordered an immediate halt to all foreign aid spending on his first day back in the White House. His executive order, titled Re-evaluating and Re-aligning United States Foreign Aid, set a 90-day review to assess the continuation of thousands of State Department and USAID contracts. Since then, the administration has announced plans to slash roughly 75% of existing grants and contracts—eliminating nearly 10,000 of 13,100 agreements, according to court records.

The Legal Clash: Who Controls the Purse Strings?

A coalition of contractors and advocacy groups, including the AIDS Vaccine Advocacy Coalition and the Global Health Council, pushed back, arguing that the freeze was an unconstitutional overreach violating separation of powers and the Administrative Procedure Act.

U.S. District Judge Amir H. Ali sided with the aid organizations, granting an emergency nationwide restraining order on February 13. Days later, he escalated matters by issuing an enforcement order requiring the administration to release funds for completed work by February 26—a deadline that Chief Justice John Roberts temporarily blocked just hours before it took effect.

Trump, joined by Secretary of State Marco Rubio, Office of Management and Budget Director Russell Vought, and USAID Acting Deputy Administrator Peter Marocco, challenged the order, calling it overbroad and an improper constraint on presidential authority.

The Administration’s Defense: Presidential Authority at Risk?

In court filings, the Trump administration argued that forcing the immediate release of foreign aid funds would “commandeer federal payment processes” and undermine the president’s discretionary foreign-affairs powers.

“Ordering the United States to pay all pending requests under foreign-aid instruments—without verifying legitimacy or timing—intrudes on the executive branch’s prerogative,” the administration asserted in a brief.

Moreover, it contended that the case should have been heard under the Contract Disputes Act or the Tucker Act, which designate the U.S. Court of Federal Claims as the proper venue for resolving contractual disputes involving the government. The administration claimed that Judge Ali failed to consider this jurisdictional limitation before issuing his expansive ruling.

Aid Groups Fire Back: A Manufactured Emergency

The aid organizations countered with a blistering response, arguing that the government was creating an emergency of its own making. They contended that withholding funds was already inflicting real-world harm, leaving projects stalled, medical aid delayed, and essential resources languishing.

“With Americans out of work, businesses ruined, food rotting, and critical medical care withheld, the public interest weighs heavily against the government,” they stated in a joint filing.

The broader constitutional questions surrounding executive power remain unresolved, and the groups urged the Supreme Court to allow lower courts to deal with them at a later date rather than disrupt the immediate funding obligations.

What’s Next? A Battle Far From Over

While the Supreme Court has ordered the release of the $2 billion, the legal war is far from over. The ruling directs Judge Ali to clarify what specific obligations the administration must meet to comply with the temporary restraining order. This leaves room for potential reinterpretation, further delays, and additional legal challenges down the line.

With billions still in limbo and broader debates over presidential authority heating up, the decision sets the stage for a high-stakes battle over the reach of executive power in federal spending.

Legal Representation

  • Trump Administration: Represented by Acting U.S. Solicitor General Sarah M. Harris.
  • Aid Organizations: Represented by Lauren E. Bateman, Nicolas A. Sansone, and Allison M. Zieve of Public Citizen Litigation Group, along with a team from Arnold & Porter Kaye Scholer LLP.

As the case continues, all eyes will remain on the courts to determine whether foreign aid funds will continue flowing—or if executive power will dictate a different outcome.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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