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Trump Administration Seeks Supreme Court Stay on Foreign Aid Spending Order

The emergency filing argues that a D.C. Circuit standing decision has not taken effect, leaving a district injunction to spend in place as fiscal deadlines near.

President Donald Trump speaks during a cabinet meeting, Tuesday, Aug. 26, 2025, at the White House in Washington. (AP Photo/Mark Schiefelbein)
A poster is displayed inside a food distribution building at the Umpiem Mai Refugee Camp following a halt in U.S. foreign aid that led to the closure of health services inside Mae La refugee camp nearby on the Thai-Myanmar border at Phop Phra district, Tak Province, a Thai-Myanmar border province, February 7, 2025.
President Donald Trump speaks during a cabinet meeting, Tuesday, Aug. 26, 2025, at the White House in Washington. (AP Photo/Mark Schiefelbein)
President Donald Trump speaks during a cabinet meeting at the White House, Tuesday, Aug. 26, 2025, in Washington. (AP Photo/Mark Schiefelbein)

Overview

  • The Justice Department asked the Supreme Court to pause a Washington, D.C., judge’s injunction that directs the government to make foreign-aid funds available and to spend billions, requesting a decision by Sept. 2.
  • Solicitor General D. John Sauer warned that without relief the order will force rapid obligation of about $12 billion before Sept. 30 and trigger what the administration calls irreparable diplomatic costs.
  • A D.C. Circuit panel ruled 2-1 on Aug. 13 that nonprofit grantees lack standing under the Impoundment Control Act, which channels such disputes to the Government Accountability Office.
  • Because the full D.C. Circuit has neither issued the mandate nor stayed the injunction, the district court’s order remains operative, and Judge Amir Ali declined to halt it this week.
  • The litigation stems from a Jan. 20 executive order pausing foreign-aid obligations, with plaintiffs including AVAC, the Journalism Development Network, and the Global Health Council, and the Supreme Court in March declined to freeze nearly $2 billion while the case continued.