WASHINGTON – President Donald Trump wants the Supreme Court to decide by Sept. 2 whether the administration must spend billions of dollars in foreign assistance approved by Congress.
In an emergency request filed Aug. 27, the Justice Department asked the Supreme Court to immediately pause a judge’s order that the administration had to spend the money. That includes about $12 billion that needs to be committed by the end of September before the funds expire.
If the administration must meet that fast-approaching deadline, it needs to know by Sept. 2, the Justice Department said.
The administration must negotiate with foreign countries about the scope and conditions of funding, only to potentially have to backtrack if Trump ultimately wins the court battle, the government’s lawyers said. That would “inflict irreparable diplomatic costs and generate needless interbranch friction,” they wrote.
After taking office in January, Trump paused all foreign aid and said any assistance that didn’t align with his priorities would be terminated.
Foreign-aid organizations challenged the ability of Trump to refuse to spend funds approved by Congress.
A district judge ruled in their favor, but a divided panel of the U.S. Court of Appeals for the DC Circuit sided 2-1 with Trump.
Foreign-aid groups have asked the full circuit court to review that decision.
More: Supreme Court won’t block judge’s order requiring Trump administration pay foreign aid groups
The administration argues that spending disputes between Congress and the president have typically been resolved through the political process, not the courts.
The foreign aid groups, the Justice Department said, are trying to leap-frog the dispute resolution mechanism created by a 1974 law passed in response to President Richard Nixon’s refusal to spend congressionally approved funds.
In his March ruling, U.S. District Judge Amir Ali said it’s the administration that is violating the Congressional Budget and Impoundment Control Act of 1974.
And on Aug. 25, Ali denied the government’s request that he pause his order until it’s been fully appealed.
Ali said the appeal process is on track with the schedule the government previously said was workable.
This article originally appeared on USA TODAY: Trump asks Supreme Court to halt foreign aid payments
