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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

“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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