U.S. Supreme Court Resist Trump From Withholding Froeign Aid Payment

U.S. Supreme Court resisted on Wednesday to let President Donald Trump’s administration withhold payment to foreign aid organizations for work they already performed for the government as the Republican president moves to pull the plug on American humanitarian projects around the world.

Handing a setback to Trump, the court in a 5-4 decision upheld Washington-based U.S. District Judge Amir Ali’s order that had called on the administration to promptly release funding to contractors and recipients of grants from the U.S. Agency for International Development and the State Department for their past work.

Chief Justice John Roberts and fellow conservative Amy Coney Barrett joined the court’s three liberal members to form a majority in rejecting the Trump administration’s request. Conservative Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh dissented from the decision.

The order by Ali, who is presiding over an ongoing legal challenge to Trump’s policy, had originally given the administration until February 26 to disburse the funding, which it has said totaled nearly $2 billion that could take weeks to pay in full.

Roberts paused that order hours before the midnight deadline to give the Supreme Court additional time to consider the administration’s more formal request to block Ali’s ruling. The Supreme Court’s 6-3 conservative majority includes three justices Trump appointed during his first presidential term.

The court did not provide a rationale for its unsigned order on Wednesday. With the original deadline now lapsed, the court instructed Ali to “clarify what obligations the government must fulfill to ensure compliance with the temporary restraining order, with due regard for the feasibility of any compliance timelines.”

Ali has a hearing scheduled for Thursday on the request by the plaintiffs for a preliminary injunction. The judge has a temporary restraining order currently in place that lasts through March 10.
Alito, in a dissent that was joined by three fellow conservatives, expressed dismay in the court’s decision.

The Republican president, pursuing what he has called an “America First” agenda, ordered a 90-day pause on all foreign aid on his first day back in office on January 20. That order, and ensuing stop-work orders halting USAID operations around the world, have jeopardized delivery of life-saving food and medical aid, throwing global humanitarian relief efforts into chaos.

Aid organizations accused Trump in lawsuits of exceeding his authority under federal law and the U.S. Constitution by effectively dismantling an independent federal agency and canceling spending authorized by Congress.

Among the plaintiffs in the litigation are the AIDS Vaccine Advocacy Coalition, Journalism Development Network, international development company DAI Global and refugee assistance organization HIAS.

Acting Solicitor General Sarah Harris said in a Supreme Court filing on March 3 that blocking Ali’s order was “warranted to prevent reinstatement of a new, short-fused deadline that would unlawfully commandeer federal payment processes anew.”

‘Extraordinary And Irreversible’

Aid organizations said in a Supreme Court filing on February 28 that they “would face extraordinary and irreversible harm if the funding freeze continues,” as would their employees and those who depend on their work.

“The government’s actions have largely brought this work to a halt,” the lawyers wrote, adding that the Trump administration “comes to this court with an emergency of its own making.”

Reuters/Ejiofor Ezeifeoma