Supreme Court allows Trump to cut $4B in foreign aid in 'pocket rescission' DEVIN DWYERSeptember 26, 2025 at 10:59 PM 15 The Supreme Court on Friday moved to allow the Trump administration to effectively cut $4 billion of foreign aid previously enacted by Congress without formal approval from lawmak...
- - Supreme Court allows Trump to cut $4B in foreign aid in 'pocket rescission'
DEVIN DWYERSeptember 26, 2025 at 10:59 PM
15
The Supreme Court on Friday moved to allow the Trump administration to effectively cut $4 billion of foreign aid previously enacted by Congress without formal approval from lawmakers under Nixon-era procedures meant to preserve their constitutional power of the purse.
In an unsigned order, the court stayed a lower court mandate that had required the government to pay out the funds before they expire at the end of the fiscal year on Sept. 30.
Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson dissented.
The majority opinion explained that it seemed unlikely the international aid group plaintiffs had legal standing to seek access to the funds, so long as the administration had technically begun the formal process in Congress of clawing back the money under the Impoundment Control Act.
Olivier Douliery/AFP via Getty Images - PHOTO: Justices of the Supreme Court pose for their official photo at the Supreme Court in Washington, D.C., Oct. 7, 2022.
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That process can last up to 45 days, and in this case would stretch beyond Sept. 30.
Since Republican lawmakers have shown no interest in acting on the administration's rescission request, the funds will simply expire. Legal experts have called the situation a "pocket rescission."
Justice Kagan, in a dissenting opinion joined by Sotomayor and Jackson, lamented the fact that the court intervened on such a consequential legal issue, which has never before been considered by the high court.
It is "uncharted territory" and the "stakes are high," Kagan wrote.
"The effect of [the court's] ruling is to allow the Executive to cease obligating $4 billion in funds that Congress appropriated for foreign aid, and that will now never reach its intended recipients. Because that result conflicts with the separation of powers, I respectfully dissent," wrote Justice Kagan.
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The legal dispute will continue to play out in lower courts -- even though the funding will have expired.
The majority opinion noted that "this order should not be read as a final determination on the merits. The relief granted by the Court today reflects our preliminary view, consistent with the standards for interim relief."
Source: "AOL General"
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