WASHINGTON — A divided Supreme Court led by Chief Justice John G. Roberts turned down an appeal from President Trump’s lawyers on Wednesday, keeping in place a judge’s order that requires the government to disburse nearly $2 billion in foreign funds.
Last week, Roberts put this dispute on pause in response to a late-evening appeal from Trump lawyers.
After considering the issue over several days, the court by 5-4 majority sent the matter back to the federal judge to proceed. The tone of the order was cautious and tentative.
Referring to U.S. District Judge Amir Ali, the court said he “should clarify what obligations the Government must fulfill to ensure compliance with the temporary restraining order, with due regard for the feasibility of any compliance timelines.”
At issue are payments to nonprofit groups or private contractors who carry out work overseas that was funded by Congress and approved by the U.S. Agency for International Development.
Shortly after taking office, Trump’s officials froze those payments, including for work that had been completed.
Joining the chief justice were Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson.
Justice Samuel A. Alito filed an angry dissent for four conservatives.
“Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the Government of the United States to pay out (and probably lose forever) 2 billion taxpayer dollars? The answer to that question should be an emphatic ‘No,’ but a majority of this Court apparently thinks otherwise. I am stunned,” he wrote.
“Today the Court makes a most unfortunate misstep that rewards an act of judicial hubris and imposes a $2 billion penalty on American taxpayers.”
Justices Clarence Thomas, Neil M. Gorsuch and Brett M. Kavanaugh joined his dissent.