In a legal move that has captured the attention of those involved with foreign aid and executive power, Chief Justice John Roberts issued an administrative stay late Wednesday, temporarily halting a federal judge’s order that mandated the Trump administration’s payment of nearly $2 billion in foreign-aid reimbursements. This development provides a brief reprieve for the Trump administration, which was ordered by U.S. District Judge Amir Ali to proceed with these payments by the end of the day on February 26, 2025. The full details of the case and Roberts’ order can be read on SCOTUSblog.
The legal dispute originated from a recent executive order by former President Donald Trump, who asserted that foreign-aid funds were misaligned with American interests. Trump directed federal agencies to halt new obligations and disbursements until a thorough review of foreign-aid programs could be conducted. Following this directive, Secretary of State Marco Rubio paused foreign-aid programs via both the State Department and USAID.
Plaintiff organizations that benefit from these funds filed suit in federal court in Washington, D.C., arguing the suspension violated both federal administrative guidelines and constitutional stipulations. On February 13, Judge Ali ruled that the State Department and USAID could not suspend foreign-aid payments already in process, a decision that was reinforced by his subsequent demand that reimbursements be paid for work satisfactory completed prior to his ruling.
The case took a pivotal turn when Acting Solicitor General Sarah Harris petitioned the Supreme Court for intervention, aiming to suspend Ali’s order and eventually overturn it altogether. Harris argued that the federal district court lacked jurisdiction to supervise federal contracting decisions related to foreign aid, which traditionally falls under the Executive Branch’s discretion. Her statements emphasized fiscal responsibility, assuring that the government is prepared to honor valid claims with appropriate documentation.
In his brief order issued before the midnight deadline, Chief Justice Roberts instructed the plaintiffs to respond to the administration’s application by noon on the following Friday, which suggests an expeditious review of the issue. The outcome of this legal confrontation holds significant implications for the boundaries of executive power and the administration of foreign aid moving forward.