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NEW: The Trump administration asked the Supreme Court to permit it to withhold foreign aid funding
https://www.politico.com/news/2025/08/26/justice-department-supreme-court-foreign-aid-00527929The Trump administration is asking the Supreme Court to allow the president to withhold billions of dollars in congressionally appropriated foreign aid before the fiscal year ends on Sept. 30.
The Justice Department filed an emergency appeal with the high court Tuesday, asking the justices to pause a federal district judge’s order that requires the administration to come up with a plan to lay out the money by the deadline next month.
Solicitor General John Sauer argued in the new filing that groups representing aid contractors have no legal basis to force such spending and that it’s up to Congress to challenge executive branch spending shortfalls under a 1974 law, the Impoundment Control Act.
“Congress did not upset the delicate interbranch balance by allowing for unlimited, unconstrained private suits,” Sauer wrote. “Any lingering dispute about the proper disposition of funds that the President seeks to rescind shortly before they expire should be left to the political branches, not effectively prejudged by the district court.”
While Sauer’s submission is framed as an argument to defer to Congress, he also makes clear that the administration believes Trump has authority to engage in so-called pocket recissions that would occur so late in the fiscal year that it would be impractical for Congress to reverse them.
The Justice Department filed an emergency appeal with the high court Tuesday, asking the justices to pause a federal district judge’s order that requires the administration to come up with a plan to lay out the money by the deadline next month.
Solicitor General John Sauer argued in the new filing that groups representing aid contractors have no legal basis to force such spending and that it’s up to Congress to challenge executive branch spending shortfalls under a 1974 law, the Impoundment Control Act.
“Congress did not upset the delicate interbranch balance by allowing for unlimited, unconstrained private suits,” Sauer wrote. “Any lingering dispute about the proper disposition of funds that the President seeks to rescind shortly before they expire should be left to the political branches, not effectively prejudged by the district court.”
While Sauer’s submission is framed as an argument to defer to Congress, he also makes clear that the administration believes Trump has authority to engage in so-called pocket recissions that would occur so late in the fiscal year that it would be impractical for Congress to reverse them.
NEW: The Trump administration asked the Supreme Court to permit it to withhold foreign aid funding that groups say is being illegally impounded by the president — setting up a crucial high court clash over the power of the purse.
— Kyle Cheney (@kyledcheney.bsky.social) 2025-08-27T01:26:14.030Z
w/ @joshgerstein.bsky.social
www.politico.com/news/2025/08...
BREAKING: DOJ has run to SCOTUS in the foreign aid funding case while the DC Circuit is considering en banc review of a 2-1 decision that sided w/ the admin.
— Chris Geidner (@chrisgeidner.bsky.social) 2025-08-26T22:51:03.638Z
This request comes after the DC Circuit noted in an order last week that the district court’s injunction remains in place during this time.
MORE: Here’s an expanded, but brief, report at Law Dork: substack.com/@chrisgeidne...
— Chris Geidner (@chrisgeidner.bsky.social) 2025-08-26T23:45:05.920Z