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    • News
    • The Trump Effect

    US foreign aid legal showdown heads to the Supreme Court

    The Trump administration has asked the Supreme Court to stay a district court's preliminary injunction issued last week requiring it to spend foreign assistance funding before it expires Sept. 30.

    By Adva Saldinger // 08 September 2025

    The lawsuit challenging the Trump administration’s decisions on how to spend foreign aid is heading to the Supreme Court in a case that has broader implications for who controls U.S. government spending. The administration asked the high court to intervene on Monday after a lower court compelled it to spend foreign assistance funds that have already been appropriated by Congress.

    That sets up a potential fight in the highest court in one of the most closely watched battles over not only foreign aid dollars but also how much power the executive branch has over government spending, which is typically the purview of Congress. It’s a test that key administration officials, including budget chief Russell Vought, have said they want, arguing that the executive branch and the president should be able to spend less than what Congress intended.

    The administration made the emergency filing to the Supreme Court to stop the lower court’s injunction requiring that the administration spend the appropriated funds before they expire on Sept. 30, as it weighs the case. The administration argues that the district court injunction is unlawful and "precipitates an unnecessary emergency and needless interbranch conflict.”

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    More reading:

    ► US appeals court backs Trump in fight over foreign aid freeze

    ► Trump's $5B 'pocket rescission' escalates foreign aid funding fight

    ► Court watch: The latest on the USAID docket

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    About the author

    • Adva Saldinger

      Adva Saldinger@AdvaSal

      Adva Saldinger is a Senior Reporter at Devex where she covers development finance, as well as U.S. foreign aid policy. Adva explores the role the private sector and private capital play in development and authors the weekly Devex Invested newsletter bringing the latest news on the role of business and finance in addressing global challenges. A journalist with more than 10 years of experience, she has worked at several newspapers in the U.S. and lived in both Ghana and South Africa.

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