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lite.cnn.com - on gopher - inofficial | |
ARTICLE VIEW: | |
Appeals court keeps alive challenge to Trump’s effort to cancel | |
billions in foreign aid | |
By John Fritze, CNN | |
Updated: | |
11:16 PM EDT, Thu August 28, 2025 | |
Source: CNN | |
A federal appeals court on Thursday declined to review a challenge to | |
the Trump administration’s decision to freeze billions of dollars in | |
foreign aid, but it also allowed the nonprofits who are fighting that | |
effort toin a lower court. | |
At issue is billions of dollars in foreign aid, including for global | |
health programs, that was approved by Congress but that President | |
Donald Trump deemed wasteful and has sought to cancel. Several | |
nonprofits who receive those grants sued in a case that has twice | |
reached the Supreme Court. | |
The decision was partly a win for Trump, because the appeals court | |
declined to review the nonprofits’ claim that the cuts violated | |
separation of powers principles. But it also means that the groups will | |
be able to continue to make their case. | |
A three-judge panel of the US Court of Appeals for the DC Circuit sided | |
with Trump in the case earlier this month, blocking the groups from | |
suing and empowering the administration to refuse to spend money | |
approved by Congress. But late Thursday, the panel issued an amended | |
decision that gave the groups the ability to continue their challenge | |
– at least on a limited basis. In turn, the full appellate court, | |
which the nonprofits had asked to rehear their case, declined to review | |
the challenge. | |
The upshot of the legal machinations for the groups is that the lawsuit | |
now returns to US District Judge Amir Ali, nominated by President Joe | |
Biden, who had previously blocked the Trump administration from | |
implementing the freeze. An emergency appeal the this week will likely | |
be moot. | |
US Circuit Judge Florence Pan, also nominated by Biden, wrote in a | |
dissent to the full appeals court’s ruling that it was a mistake not | |
to review the decision from the three-judge panel because its ruling | |
blocked off one important route the nonprofits tried to use to | |
challenge Trump. | |
However, she acknowledged that the panel’s revised opinion provided a | |
“pathway for the grantees in this case to pursue relief,” which she | |
said might be “the most efficient way for the grantees to seek access | |
to the $15 billion of appropriated funds.” | |
Trump signed an order on his first day in office attempting to curtail | |
foreign aid spending, and his administration has for months been | |
fighting court orders that block his effort. Ali in March wrote that | |
the spending of foreign aid is a “joint enterprise between our two | |
political branches” and said the administration was trying to usurp | |
Congress’s role. | |
But earlier this month, the three-judge panel of the appeals court | |
overruled that decision and sided with the Trump administration, | |
holding that only the legislative branch may sue an administration for | |
making changes to congressionally approved spending – not the | |
nonprofit groups that had challenged the drastic proposed cuts. | |
The nonprofit grantees appealed to the full DC Circuit. But because of | |
an unusual series of procedural maneuvers, Ali’s injunction had | |
remained in effect while the case was pending at the full court of | |
appeals. That prompted the Department of Justice to rush up to the | |
Supreme Court on Tuesday with an emergency request to put Ali’s order | |
temporarily on hold, claiming it would force them to spend $12 billion | |
in foreign aid before the end of next month. | |
“Given the vast sums involved and the significance of the case to the | |
separation of powers and U.S. foreign policy, the district court’s | |
holdings, if allowed to stand, would clearly warrant this court’s | |
attention, and those holdings would not survive review,” Solicitor | |
General D. John Sauer, the administration’s top appellate attorney, | |
told the Supreme Court. | |
Now that the full appeals court has ruled, it will likely take the | |
dispute off the Supreme Court’s docket – at least for now. | |
The case made its way to the Supreme Court once before. In March, a 5-4 | |
majority initially rejected the administration’s request to keep the | |
money frozen. That narrow decision effectively allowed the litigation | |
to continue in lower courts. | |
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