Chief Justice John Roberts on Tuesday issued a temporary administrative stay blocking a federal judge’s order that would have required the Trump administration to spend $4 billion in foreign aid funds approved by Congress.

The one-page order from Roberts partially halts a September 3 ruling by U.S. District Judge Amir Ali in Washington, D.C., who had ordered the administration to obligate the expiring foreign aid funds by September 30, the end of the fiscal year. The stay specifically applies to funds that are subject to President Trump’s August 28, 2025 rescission proposal currently pending before Congress.

The case stems from the Trump administration’s efforts to freeze billions in foreign aid funding through what it calls a “pocket rescission,” a rarely used budget maneuver not employed by any president in nearly 50 years. On August 28, Trump notified Congress of his intention to rescind $4.9 billion in foreign assistance funding, including $3.2 billion from the U.S. Agency for International Development (USAID), $838 million for U.N. peacekeeping activities, and hundreds of millions for other international organizations.

The AIDS Vaccine Advocacy Coalition (AVAC) and the Global Health Council, along with other nonprofit organizations, sued the administration earlier this year, arguing that the funding freeze violates federal law and halts critical life-saving programs abroad. The groups contended that only Congress has the constitutional authority to control government spending under the “power of the purse” doctrine.

Judge Ali ruled on September 3 that the Trump administration could not simply withhold the congressionally appropriated funds without explicit congressional approval. 

The administration immediately appealed the decision, with Solicitor General D. John Sauer arguing that Ali’s order created “an unlawful injunction that precipitates an unnecessary emergency and needless interbranch conflict.”

The Trump administration’s use of a pocket rescission represents an unprecedented attempt to bypass Congress by submitting the rescission request with fewer than 45 days remaining in the fiscal year. Under the Impoundment Control Act of 1974, Congress typically has 45 days to consider presidential rescission requests. However, by timing the request so late in the fiscal year, the administration argues the funds will automatically expire on September 30 without congressional action.

Roberts’ administrative stay is temporary and does not indicate how the full Court might ultimately rule on the case. The Chief Justice ordered the challengers to file their response by Friday, September 12, at 4 p.m., suggesting the Court will move quickly to consider the administration’s full request.

This marks the third time since February that the Trump administration has asked the Supreme Court to intervene in disputes over foreign aid funding. In March, the Court split 5-4 in rejecting a previous bid from the administration to keep $2 billion in foreign aid frozen.