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Judge Orders Release of Billions in Foreign Aid, Rejecting Trump’s Pocket Rescission

The ruling rejects the pocket rescission tactic by concluding that only Congress can cancel the appropriations.

Overview

  • U.S. District Judge Amir Ali issued a preliminary injunction requiring the administration to make the funds available before September 30 unless Congress rescinds them.
  • He granted preliminary injunctions and partial summary judgment for nonprofit plaintiffs, finding they have standing because the freeze jeopardized their funding and missions.
  • The administration filed a notice of appeal on Thursday after the decision, which Ali acknowledged may require higher-court guidance.
  • Ali wrote that the executive has discretion over how to spend the money but not whether to spend it, emphasizing that rescission requires congressional approval under federal law.
  • The order covers roughly $11.5 billion, including nearly $4 billion for global health programs and more than $6 billion for HIV/AIDS initiatives, following the administration’s first use in nearly 50 years of a pocket rescission request.