Supreme Court allows Trump to withhold $4B in foreign aid in case in which ABA is a plaintiff

"The U.S. Supreme Court on Friday allowed the Trump administration to withhold $4 billion in foreign aid funds while the federal government awaits a decision by Congress on its request to rescind the appropriation. In its Sept. 26 order, the Supreme Court said the government "at this early stage" had made a sufficient showing that plaintiffs weren't entitled to sue under the law and that they aren't entitled to mandamus relief."

"The court also said the harms alleged to the administration's conduct of foreign affairs appear to outweigh the potential harm faced by the plaintiffs. The court added that its decision "should not be read as a final determination on the merits." The case had reached the U.S. Supreme Court on the emergency docket. "The relief granted by the court today reflects our preliminary view, consistent with the standards for interim relief," the Supreme Court said."

The Supreme Court permitted the Trump administration to withhold $4 billion in foreign aid while Congress considers a request to rescind the appropriation. The administration invoked the Impoundment Control Act to seek rescission. The Court found at an early stage that plaintiffs likely lack standing to sue and are not entitled to mandamus relief, and that alleged foreign-affairs harms may outweigh plaintiffs' harms. The Court emphasized the order is not a final merits determination and granted interim relief on the emergency docket. The American Bar Association alleges tens of millions in federal funding for rule-of-law and human-rights programs has been frozen. The Impoundment Control Act gives Congress 45 days to act; funds would expire if Congress does not act by fiscal year end.

Read at ABA Journal