In a major blow to the Democrats' lawfare strategy to prevent the Trump administration from governing, Chief Justice John Roberts responded to the White House's request for emergency intervention. Roberts blocked a Biden-appointed federal judge's order that around $2 billion in frozen foreign aid funds be released immediately.
The Chief Justice issued an administrative stay on Feb. 27, preserving the status quo while the Supreme Court considers the matter more thoroughly. This temporary action overrides U.S. District Judge Amir Ali's midnight deadline, which would have forced the State Department and USAID to release billions in taxpayer dollars for already completed foreign aid work.
Roberts, who oversees requests for emergency relief arising from cases in the District of Columbia, acted alone in halting the decision from a federal district judge issued Tuesday. The judge, U.S. District Judge Amir Ali, gave the State Department and USAID until 11:59 p.m. Wednesday to pay its bills to contractors for work that had been completed before Feb. 13. The Trump administration had earlier in the night asked the Supreme Court to intervene in the dispute involving frozen foreign assistance funds.
Roberts gave the State Department and USAID contractors until noon Friday to respond to the Trump administration's request.
This is just the latest example of how Democrats' lawfare strategy against Trump might ultimately backfire spectacularly. Judicial rulings temporarily halting Trump's actions may ultimately serve to advance his broader objectives as they make their way to the Supreme Court.
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The Trump administration filed the emergency appeal hours before the deadline, arguing that Judge Ali had overstepped his authority and interfered with the president's obligations to “make appropriate judgments about foreign aid.” The D.C. Circuit Court of Appeals panel had declined to stay Judge Ali's order, absurdly claiming his orders "could not be appealed."
Excuse me? When did District Court judges get the final say in such matters?
During a particularly revealing telephone hearing on Feb. 25, Judge Ali couldn't hide his bias against the Trump administration. "I don't know why I can't get a straight answer from you," he complained after Justice Department attorney Indraneel Sur repeatedly avoided his leading questions about fund releases. "I guess I'm not understanding where there is any confusion here. It's clear as day," Ali further insisted, regarding his original order.
Chief Justice Roberts has ordered the challengers to file a response by Friday, with the Supreme Court likely to act soon after — a sign that the Court is poised to nip these endless legal challenges in the bud.
Meanwhile, the Trump administration is moving forward with its promised America First agenda, “eliminating more than 90% of the U.S. Agency for International Development’s foreign aid contracts and $60 billion in overall U.S. assistance around the world, putting numbers on its plans to eliminate the majority of U.S. development and humanitarian help abroad,” according to the Associated Press.
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