Conservative justices 'stunned' by Supreme Court's USAID decision, lambaste majority in scathing dissent

Justice Samuel Alito penned a scathing dissent to the Supreme Court's decision ending a temporary pause on foreign aid payments through the U.S. Agency for International Development.

Susan Schorr holds an anti-Elon Musk sign during a protest over cuts at the headquarters of the U.S. Agency for International Development on Feb. 3, 2025 in Washington, D.C.  (Pete Kiehart for The Washington Post via Getty Images)

"Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the Government of the United States to pay out (and probably lose forever) 2 billion taxpayer dollars? The answer to that question should be an emphatic ‘No,’ but a majority of this Court apparently thinks otherwise," Alito wrote.

"I am stunned."

He was joined in the dissent by Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh. 

While Alito and the other dissenting justices acknowledged Wednesday that the plaintiffs raised "serious concerns about nonpayment" for their completed work, they argued that Ali's repayment order and time frame was "too extreme," as it gave the administration just two weeks to comply.

Retired U.S. Agency for International Development worker Julie Hanson Swanson, left, joins other agency supporters outside a USAID office in Washington, D.C., Feb. 21, 2025. (Manuel Balce Ceneta/AP Photo)

At issue in the case was how quickly the Trump administration needed to pay the nearly $2 billion owed to aid groups and contractors for completed projects funded by the U.S. Agency for International Development (USAID), at a time when the administration has issued a blanket freeze on all foreign spending in the name of government "efficiency" and eliminating waste.

The funds had been frozen as part of the administration's block on all foreign aid, prompting international groups and contractors to file a lawsuit last month, prompting the Trump administration to file an emergency appeal to the Supreme Court.

Chief Justice John Roberts intervened, agreeing to pause the timeline to allow the full court to consider the case.

Acting U.S. Solicitor General Sarah Harris argued that while the plaintiffs' claims were likely "legitimate," the time set by Ali was "impossible" and "not logistically or technically feasible."

Ali, for his part, moved quickly Wednesday to take action on the unpaid foreign aid case – setting a new court hearing Thursday afternoon to consider the matter.

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In a minute order, the court said lawyers for both parties should come prepared to discuss a proposed schedule for the Trump administration to comply with the outstanding payments.

Fox News' Jake Gibson contributed to this report. 

Breanne Deppisch is a politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news. 

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