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D.C. Circuit Keeps Order Requiring White House to Release Foreign Aid

The decision sharpens a separation-of-powers clash over a pocket rescission strategy under a 45-day withholding claim ahead of the Sept. 30 funding deadline.

Overview

  • The U.S. Court of Appeals for the D.C. Circuit, in a 2-1 ruling, denied a stay and left a lower-court injunction in force, with Judge Justin Walker dissenting.
  • U.S. District Judge Amir Ali’s order requires the administration to obligate roughly $11–12 billion in congressionally approved foreign aid before funds expire this month.
  • The White House has pursued a rare pocket rescission to claw back about $4.9 billion and argues the Impoundment Control Act allows a 45-day pause, a reading the GAO has previously rejected.
  • The case follows earlier Supreme Court action requiring payment for completed work and now proceeds on an expedited track with further review expected as the fiscal deadline nears.
  • Republican senators Susan Collins and Lisa Murkowski criticized the pocket rescission effort, calling it an unlawful attempt to sidestep Congress’s power of the purse.