President Donald Trump, center, is escorted by Air Force Col. Christopher M. Robinson, commander of the 89th Airlift Wing, right, as he walks from Marine One to board Air Force One, Friday, Sept. 26, 2025, at Joint Base Andrews, Md. (AP Photo/Alex Brandon)
WASHINGTON — The Supreme Court on Friday granted a major victory to President Donald Trump by extending an order that allows his administration to keep nearly $5 billion in foreign aid frozen, strengthening his position in a dispute over presidential authority.
In a 6-3 decision, with the liberal justices in dissent, the court’s conservative majority sided with the administration’s emergency appeal. President Trump announced last month that he would not spend the funds, citing a rarely used executive power not invoked by a president in nearly 50 years.
The Justice Department went to the high court after U.S. District Judge Amir Ali ruled that the president’s move was likely unlawful and that only Congress could approve withholding the money. While the D.C. appeals court refused to halt Ali’s ruling, Chief Justice John Roberts issued a temporary stay on Sept. 9 — a stay the full court has now extended indefinitely.
This decision adds to a string of emergency appeal victories the Trump administration has secured at the Supreme Court, including rulings allowing it to scale back migrant protections, reduce the federal workforce, remove independent agency heads, and enforce restrictions on military service.
The dispute centers on Trump’s use of what’s known as a pocket rescission, a budget maneuver that allows a president to request the cancellation of funds near the end of a fiscal year. Because Congress must approve the rescission within 45 days — a deadline that will run past the close of the fiscal year — the administration argues that inaction by lawmakers permits the money to remain unspent.
In its unsigned order, the majority said the president’s constitutional authority over foreign affairs weighed heavily in its decision but stressed that Friday’s move was not a final ruling.
Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, dissented sharply, warning that the ruling effectively blocks the aid permanently. “The effect is to prevent the funds from reaching their intended recipients — not just now but for all time,” Kagan wrote.
Trump has made cutting foreign aid a central policy, arguing that billions of U.S. tax dollars should not flow abroad while domestic priorities remain underfunded. Critics counter that the savings are minimal compared to the deficit and that withholding aid could harm vulnerable populations overseas while undermining America’s global reputation.
Attorneys for advocacy groups called the court’s decision a blow to constitutional checks and balances. Nick Sansone of Public Citizen Litigation Group said it “further erodes separation of powers principles” and warned of “grave humanitarian impact on vulnerable communities throughout the world.”
Meanwhile, Justice Department lawyers noted that another $6.5 billion in foreign aid funds — previously subject to the freeze — will be disbursed before the fiscal year ends next week.
The broader case is expected to continue winding through the courts. Judge Ali acknowledged his ruling would not be the final word, writing: “This case raises questions of immense legal and practical importance, including whether there is any avenue to test the executive branch’s decision not to spend congressionally appropriated funds.”
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