On Wednesday, the US Supreme Court decided against the Trump administration, refusing to halt a judge’s order to resume billions in foreign aid payments.
In an unsigned 5-4 emergency ruling, Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberals to uphold the decision by the Biden-appointed Judge Amir Ali to unfreeze nearly $2 billion in payments from the US Agency for International Development pledged under previous administrations.
“I am stunned,” Justice Samuel Alito wrote in a dissent signed by the bench’s other three conservatives.
The majority did not explain the decision. Noting that the deadline for resuming payments passed last week, it sent the case back to the United States District Court for the District of Columbia to “clarify” when the Trump administration needed to comply with the order.
Dog days ahead for DOGE? USAID isn’t the only agency facing steep cuts mandated by White House adviser Elon Musk’s Department of Government Efficiency. The various funding slashes are facing mounting legal challenges that are winding their way through lower courts. With rulings stacking up against DOGE, conservative legal scholar John Yoo complained to Fox News last week that “activist judges” in lower courts “misunderstand their proper role,” and surmised that the Supreme Court would rule in favor of the Trump administration.
In a post on X, Boston University law professor Robert L. Tsai said Wednesday’s ruling represented an “important though limited brushback of DOGE and the strategy to evade constitutional constraints – though judicial battle lines are starting to be drawn.”
