Supreme Court extends Trump administration's $5 billion foreign aid freeze amid ongoing legal challenge

Supreme Court extends order blocking $5 billion in congressionally- appropriated foreign funds after the Trump administration appealed district court ruling.

The U.S. Supreme Court on Friday extended an earlier order that allows the Trump administration to continue blocking nearly $5 billion in congressionally appropriated foreign funds.  ( Andrew Harnik/Getty Images)

President Donald Trump last month sent a letter to House Speaker Mike Johnson, explaining he was using a pocket rescission, which allows a president to submit a request to Congress to hold approved funds near the end of the fiscal year. 

Under federal law, Congress has to approve the rescission within 45 days or the money must be spent. But the budget year will end before the 45-day window closes, and in this situation the White House is asserting that congressional inaction allows it not to spend the money.

It was the first use of a pocket rescission in 50 years. 

The administration called the funds, which would have been used as foreign aid, for United Nations peacekeeping efforts and to promote democracy in other countries, "contrary to U.S. foreign policy."  (AP Photo/Jose Luis Magana)

In her dissenting opinion, Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, said, "The effect is to prevent the funds from reaching their intended recipients — not just now but (because of their impending expiration) for all time." 

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The administration called the funds, which would have been used as foreign aid, for United Nations peacekeeping efforts and to promote democracy in other countries, "contrary to U.S. foreign policy." 

The Associated Press and Reuters contributed to this report.

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