The justice department asked the court to halt Washington-based US district judge Amir Ali’s order requiring administration officials to take steps to spend around US$4 billion that they have sought to claw back, according to a lawyer for the plaintiffs who challenged Trump’s action.
The money at issue in the case was intended by Congress for foreign aid, UN peace-keeping operations and democracy-promotion efforts overseas.
Congress budgeted billions in foreign aid last year, about US$11 billion of which must be spent or obligated ahead of a deadline of Sept 30 – the last day of the US government’s current fiscal year – lest it expire.
After being sued by aid groups that expected to compete for the funding, the administration said last month that it intended to spend US$6.5 billion of the disputed funds.
Trump also sought to block some US$4 billion in the funding through an unusual step called a “pocket rescission” that bypasses Congress.
Ali ruled on Sept 3 that the administration cannot simply choose to withhold the money, and that it must comply with appropriations laws unless Congress changes them.
Trump budget director Russell Vought has argued that the president can withhold funds for 45 days after requesting a rescission, which would run out the clock until the end of the fiscal year.
The White House said the tactic was last used in 1977.
The US court of appeals for the district of Columbia circuit in a 2-1 ruling on Sept 5 declined to halt Ali’s order, prompting the administration’s request to the Supreme Court.
The administration has repeatedly asked the justices this year to intervene to allow implementation of Trump policies impeded by lower courts.
The Supreme Court, which has a 6-3 conservative majority, has sided with the administration in almost every case that it has been called upon to review since Trump returned to the presidency in January.
In an earlier iteration of the foreign aid funding case, the court in a 5-4 vote in March declined to let the administration withhold payment of some US$2 billion to aid organisations for work they already performed for the government.