President Donald Trump has asserted the power to unilaterally withhold funds allocated by Congress.
WASHINGTON — The Supreme Court on Friday handed another win to the Trump administration by allowing it to withhold $4 billion in spending on foreign aid that was appropriated by Congress.
A federal judge had ruled that the administration would have to spend the funds by the end of the month, but the Supreme Court's decision puts that on hold.
“This result further erodes separation of powers principles that are fundamental to our constitutional order. It will also have a grave humanitarian impact," said Nicolas Sansome, a lawyer with Public Citizen Litigation Group, which represents nonprofit groups that sued.
The brief order noted that the government has made a "sufficient showing" that the groups that sued were barred from bringing the lawsuit in question under a law called the Impoundment Control Act.
The court, which has a 6-3 conservative majority, also noted that "the asserted harms to the Executive’s conduct of foreign affairs appear to outweigh the potential harm" to the plaintiffs, which are various groups that receive foreign aid funds.
The court has now granted 20 emergency applications filed by the administration since President Donald Trump’s second term began in January. The volume of emergency filings and the rate at which the court has ruled in the administration's favor are both unprecedented. The latter has sparked criticism from within the legal community, including lower court judges.
A Justice Department spokesman did not immediately respond to a request seeking comment.
The three liberals on the court dissented, with Justice Elena Kagan writing that the legal issue in the case has not been presented before, meaning the court was working in "uncharted territory."
Yet again, the majority nevertheless granted the emergency request made by the government without hearing oral arguments or issuing a fully reasoned decision, she added.
"We therefore should have denied this application, allowed the lower courts to go forward, and ensured that the weighty question presented here receives the consideration it deserves," Kagan wrote.
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