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
New UFO videos solicit baffled explanations ranging from angels and demons to jetpacks and balloons

Mysterious UFO Videos Spark Debate: Are They Angels, Jetpacks, or Just Balloons?

The latest release of UFO disclosure files by former President Trump sparked…
Carnival Cruise passenger who died onboard identified as high school cheerleader, FBI investigating

Expert Predicts Possible Detainment for Teen Accused in Anna Kepner Cruise Ship Case

The stepbrother of 18-year-old Anna Kepner, who tragically died aboard a Carnival…
Back of the Yards shooting today kills 17-year-old boy on street, injures 2 men near South Throop and West 50th streets, CPD says

Tragic Shooting in Back of the Yards: Teenager Loses Life, Two Men Injured Near South Throop and West 50th

CHICAGO (WLS) — On Tuesday, none of the individuals who spoke to…
How Home Depot's Crystal Hanlon lives her American dream

From Dream to Reality: How Crystal Hanlon Built Her American Dream with Home Depot

Until July 4, The Post, in collaboration with the Milken Center for…
Tourist accused of hurling rock at endangered Hawaiian monk seal was trying to protect sea turtles, lawyer says

Lawyer Claims Tourist Threw Rock to Safeguard Sea Turtles, Not Harm Hawaiian Monk Seal

A defense attorney representing a tourist from Washington state, who is accused…
CTA delays today: CTA Brown, Purple, Red Line service affected by Lakeview, Chicago fire at Belmont station

Fire at Belmont Station Disrupts CTA Brown, Purple, and Red Line Services in Lakeview

On Tuesday evening, transit services on Chicago’s Brown and Red Lines faced…
Court gives Mahmoud Khalil more time to fight Trump administration's efforts to deport him

Mahmoud Khalil Granted Legal Reprieve to Challenge Trump Administration’s Deportation Push

In a significant development, a federal appeals court has granted Mahmoud Khalil,…
AG Pam Bondi announces 'all' Epstein files have been released, listing high-profile names

Pam Bondi Diagnosed with Thyroid Cancer Following Departure from Role as Trump’s Advisor: Report

Steve Yates discusses Pam Bondi’s contributions after her removal as attorney general…
DNA breakthrough leads to arrest in grisly 33-year-old cold case investigators never gave up on

DNA Technology Solves 33-Year Cold Case: Breakthrough Leads to Arrest in Long-Standing Unsolved Mystery

For over 30 years, the murder of Randy Gail Sperino has remained…
Stocks mixed as investors shrug off renewed fighting in Iran

Market Update: Investors Remain Steady Amidst Turbulence in Iran

On Tuesday, the stock market displayed a mixed performance, influenced by escalating…
Texas Railroad Commissioner Jim Wright and wife share story of 2017 crash that left her permanently paralyzed

Resilience in Tragedy: Texas Railroad Commissioner Jim Wright’s Journey After Wife’s 2017 Paralysis

Texas Railroad Commissioner Jim Wright emphasizes that his wife, Sherri, is much…
Speed demons caught drag-racing on Long Island: cops

High-Speed Havoc: Drag Racers Cause Chaos on Long Island Streets

In the early hours of Tuesday, Suffolk County police apprehended two individuals…