Appeals court allows Trump administration to resume foreign aid cuts

A federal appeals court voted 2-1 on Wednesday to lift an order requiring the Trump administration to resume billions of dollars in foreign aid payments.

The divided U.S. Court of Appeals for the District of Columbia Circuit panel found a lower judge erred when he restored the flow of funds in March.

Two groups of grant recipients sued over allegations the cancellations infringe on the separation of powers since Congress had appropriated the money, but the panel ruled they can’t bring such a claim.

“The district court erred in granting that relief because the grantees lack a cause of action to press their claims. They may not bring a freestanding constitutional claim if the underlying alleged violation and claimed authority are statutory,” U.S. Circuit Judge Karen Henderson wrote for the majority.

An appointee of former President George H.W. Bush, Henderson was joined by U.S. Circuit Judge Gregory Katsas, whom Trump appointed. They noted federal law still allows the Comptroller General to step in and sue.

U.S. Circuit Judge Florence Pan dissented. She was appointed by former President Biden. 

“The majority holds that when the President refuses to spend funds appropriated by Congress based on policy disagreements, that is merely a statutory violation and raises no constitutional alarm bells,” Pan wrote.

Pan called the decision “as startling as it is erroneous,” writing that it latches onto a legal argument the administration hadn’t fully developed. 

“My colleagues in the majority excuse the government’s forfeiture of what they perceive to be a key argument, and then rule in the President’s favor on that ground, thus departing from procedural norms that are designed to safeguard the court’s impartiality and independence,” Pan wrote. 

Trump on his first day in office ordered the U.S. Agency for International Development (USAID) to freeze foreign assistance payments, leading to a blitz of litigation that quickly reached the Supreme Court at an earlier stage of the case. 

The Justice Department appealed again after U.S. District Judge Amir Ali in March ruled the administration must make available foreign assistance that Congress appropriated for fiscal year 2024. Ali was nominated to the bench by Biden. 

Ali’s order also required USAID pay out bills owed through Feb. 13 under existing contracts and grants, but that part of the injunction was not on appeal. Court records indicate substantially all of the owed payments are now complete.  

“Today’s decision is a significant setback for the rule of law and risks further erosion of basic separation of powers principles,” said Lauren Bateman, an attorney at Public Citizen, a consumer advocacy group that represents the grant recipients who are suing.

“We will seek further review from the court, and our lawsuit will continue regardless as we seek permanent relief from the Administration’s unlawful termination of the vast majority of foreign assistance,” she continued. “In the meantime, countless people will suffer disease, starvation, and death from the Administration’s unconscionable decision to withhold life-saving aid from the world’s most vulnerable people.”

You May Also Like
Luigi Mangione supporter working for far-left DC mayoral candidate likened to Mamdani

DC Mayoral Campaign Staffer Backing Luigi Mangione Sparks Fresh Mamdani Comparisons

Accused killer Luigi Mangione’s murder trial: Judge to address evidence, jury disputes…
'Happy Face' killer warns fellow serial killer Rex Heuermann could be 'tossed to the wolves' in prison

‘Happy Face’ killer says accused serial killer Rex Heuermann could face danger in prison

Keith Jesperson — the “Happy Face” serial killer who has been corresponding…
A look back at Barack Obama's rise from community organizer to first Black US president ahead of Chicago Obama Center opening

Barack Obama’s Journey From Community Organizer to America’s First Black President, as Chicago’s Obama Center Nears Opening

CHICAGO (WLS) — Barack Obama’s rise from little-known politician to president of…
Karmelo Anthony claims he's penniless as business records tied to parents draw scrutiny

Karmelo Anthony Says He Is Broke as Parents’ Business Records Face Scrutiny

MCKINNEY, Texas – As convicted killer Karmelo Anthony asks for a taxpayer-funded…
"Star Wars" lightsaber, "Wizard of Oz" witch hat and more iconic film props going up for auction

Iconic Movie Props Head to Auction: Star Wars Lightsaber, Wizard of Oz Witch Hat and More

A lightsaber tied to one of the most unforgettable moments in George…
A mother's concern, call to authorities may have prevented potential attack on UFC event at the White House

Mother’s Tip to Authorities May Have Stopped Potential Attack at White House UFC Event

A suspected plan to attack Sunday night’s UFC event at the White…
Search underway for suspect after 2 people shot inside Delaware hospital: police

Manhunt Launched After 2 People Shot Inside Delaware Hospital, Police Say

Two people were shot Tuesday at a hospital in Delaware, triggering a…
Couple recalls narrow escape from Merrillville, Indiana tornado as severe weather tomorrow includes tornado risk, strong storms

Couple Recalls Close Call in Merrillville Tornado as Tomorrow’s Severe Weather Brings New Tornado Threat

MERRILLVILLE, Ind. (WLS) — A week after a tornado ripped through Merrillville,…
3 Brazilian men charged after woman tossed from bridge without safety rope

Three Brazilian Men Charged After Woman Thrown From Bridge Without Safety Rope

Three men could face criminal charges after a 21-year-old woman was killed…
Chicago shootings this weekend: At least 10 shot, 2 fatally, in gun violence across city, police department says

Arlington Heights Police Search for Suspect in Teen Sexual Assault at Eastman Parking Garage

ARLINGTON HEIGHTS, Ill. (WLS) — Police in north suburban Arlington Heights are…
Texas plane crash leaves one dead, more injured after business jet catches fire on highway

Texas Highway Plane Crash: 1 Dead, Several Injured After Business Jet Bursts Into Flames

A business jet went down on a Texas highway Tuesday night and…
The Grammys add five new categories, adjust rules for 2027 Grammy Awards

2027 Grammys Add 5 New Categories and Update Key Award Rules

The Grammy Awards are expanding again, adding five new categories and revising…