The U.S. Department of Justice, in an emergency filing with the 6-3 conservative majority court, noted that a 2-1 panel of the U.S. Court of Appeals for the District of Columbia Circuit earlier this month ruled the injunction should be overturned.
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Trump imposed a 90-day pause on all foreign aid on Jan. 20, the day that he was inaugurated for a second term in the White House.
His executive order was followed by aggressive moves to pare USAID, the main U.S. foreign aid agency, including placing much of its staff on leave and exploring bringing the formerly independent agency under the State Department.
Two nonprofit groups that receive federal funding, AIDS Vaccine Advocacy Coalition and Journalism Development Network, brought litigation alleging Trump’s funding freeze was unlawful.
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The Republican president’s administration said that without the justices’ intervention, it will be forced to keep making payments before the expiration date, “overriding the Executive Branch’s foreign-policy judgments regarding whether to pursue rescissions and thwarting interbranch dialog.”
Lawyers for the plaintiffs did not immediately respond to a request for comment.
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But the D.C. Circuit panel ruled that the nonprofit groups failed to satisfy the requirements for an injunction. U.S. Circuit Judge Karen Henderson, writing for the majority, said only the U.S. Government Accountability Office, a watchdog agency, could challenge Trump’s efforts to withhold the funding.
