U.S. Chief Justice John Roberts, on Wednesday, issued a temporary pause on a court-imposed midnight deadline that would have required the Trump administration to release $2 billion in frozen foreign aid. The government had claimed it was unable to meet the deadline. This emergency appeal marks the first time President Donald Trump’s efforts to overhaul the federal government— including deep cuts across various agencies— have reached the nation’s highest court.
The case appears poised to bring the justices into conflict with Trump’s expansive efforts to consolidate power within the executive branch.
Stay Granted for Legal Review
Roberts’ order does not resolve the underlying legal questions raised by the case. Instead, it imposes an “administrative stay,” which provides the court with a few days to review the written arguments. As the justice designated to handle emergency cases from the federal appeals court in Washington, DC, Roberts called for the groups that sued the administration to respond by Friday.
This marks the second time the Trump administration has sought emergency intervention from the Supreme Court in recent weeks. Another case pending before the court involves the president’s firing of leadership at the Office of Special Counsel.
Frozen Foreign Aid and Judge’s Deadline
The core issue in this appeal centers on billions of dollars in foreign aid from the State Department and the U.S. Agency for International Development, which President Trump froze in January. This move was part of his push to curb federal spending and align it with his policy goals. U.S. District Judge Amir Ali, nominated by President Joe Biden, had imposed a temporary order requiring the release of the frozen funds while he considered the case.
When the plaintiffs argued that the Trump administration had not adequately restored the funding, Judge Ali responded with a deadline of Wednesday at 11:59 p.m. ET for the release of all foreign aid that had been processed before his order. The administration, however, claimed it would take “multiple weeks” to meet the judge’s request.
Administration Claims Deadline is Unfeasible
“The district court’s imminent and arbitrary deadline makes full compliance impossible,” said Acting Solicitor General Sarah Harris, the administration’s lead appellate attorney, in a statement to the Supreme Court on Wednesday.
In a notable section of the appeal, the administration stated that it “takes seriously its constitutional duty to comply with the orders” of federal courts. This remark appears to be a direct acknowledgment of recent pushback Trump and his allies have received for considering defying court orders or attempting to impeach judges they disagree with.
“The government,” Harris wrote, “is undertaking substantial efforts to review payment requests and release payments.”
Political Appointees Accused of Delaying Aid
However, the groups that sued the administration have expressed skepticism, suggesting that a small number of political appointees are “refusing to authorize essentially any payments” of the foreign aid.
Legal Obstacles and Future Challenges
The government may face significant challenges when the court begins its review of the appeal. The U.S. Court of Appeals for the DC Circuit, in its ruling to reject the administration’s bid to halt the deadline, stated that the enforcement order at issue could not be appealed.
“Appellants cite no case that has held that such a later-issued supporting order is appealable,” the court said in its unanimous ruling.
Temporary Stay for Further Review
Steve Vladeck, a CNN Supreme Court analyst and professor at Georgetown University Law Center, explained that Roberts’ emergency stay does not necessarily indicate how the court will ultimately rule on the foreign aid freeze. “It’s really just a play for time— in this case, perhaps as little as two days— to give the justices time to sort out whether or not they should pause Judge Ali’s ruling or force the government to turn the challenged foreign aid funding back on while the litigation challenging its suspension continues,” Vladeck said.
