Chief Justice John Roberts temporarily delayed a court-imposed midnight deadline that would have required the Trump administration to release $2 billion in frozen foreign aid, a target the government has stated it cannot meet.
This emergency appeal marks the first time President Donald Trump’s efforts to significantly overhaul the federal government, including imposing substantial cuts across agencies, have reached the Supreme Court. The case seems poised to bring the justices into direct conflict with Trump’s extensive plans to centralize power within the executive branch.
Roberts’ order does not settle the central issues of the case. Instead, it issued what is known as an “administrative stay,” granting the Court several days to review written arguments related to the case. Roberts is responsible for handling emergency cases from the federal appeals court in Washington, DC.
The chief justice instructed the groups that sued the administration to respond by Friday.
Late Wednesday, the Trump administration rushed to the Supreme Court just hours before the midnight deadline, urging the justices to intervene immediately. This marks the second time President Trump has quickly turned to the high court since taking office. Another case involving Trump is related to his dismissal of leadership at the Office of Special Counsel.
The latest case involves billions of dollars in foreign aid from the State Department and the U.S. Agency for International Development (USAID), which Trump froze in January as part of efforts to curb federal spending and align it with his policy priorities. U.S. District Judge Amir Ali, appointed by President Joe Biden, issued a temporary order requiring the release of these funds while he reviewed the case.
After the plaintiffs claimed the Trump administration had not fully restored the funding, Judge Ali ordered that the money be disbursed by 11:59 p.m. ET on Wednesday. The administration, however, argued that it would take “multiple weeks” to comply with the judge’s request.
Acting Solicitor General Sarah Harris, the administration’s chief appellate attorney, told the Supreme Court that the court’s deadline was “imminent and arbitrary,” making full compliance impossible.
In an important part of the appeal, the administration emphasized its constitutional duty to comply with federal court orders. This language appeared to be an acknowledgment of the criticism Trump and his allies have faced recently for suggesting they might disregard court rulings they disagree with or even seek to impeach judges who issue such orders.
Harris stated that the government was making significant efforts to review and release payment requests.
The groups that filed the lawsuit have questioned these claims, alleging that a small group of political appointees within the administration is blocking payments.
The government may face a major challenge as the court reviews its request. The U.S. Court of Appeals for the D.C. Circuit had previously ruled that the enforcement order in question could not be appealed in the first place.
Steve Vladeck, a Supreme Court analyst and professor at Georgetown University Law Center, noted that Roberts’ decision was simply to buy time — possibly just two days — for the justices to decide whether to pause Judge Ali’s ruling or require the government to resume the foreign aid payments while the case continues.
Roberts’ decision comes as a court filing from Wednesday reveals that the Trump administration is terminating over 90% of USAID’s foreign aid awards. According to the filing, nearly 5,800 USAID awards were terminated, while just over 500 were retained, totaling approximately $57 billion. Additionally, around 4,100 State Department awards were terminated, with about 2,700 retained.
The drastic cuts to foreign aid have significantly disrupted the work of nonprofit organizations and contractors. Aid programs worldwide have been halted due to the funding freeze and the review of billions of dollars in assistance. Meanwhile, the Trump administration has placed much of USAID’s workforce on leave or terminated their employment.