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Divided Supreme Court Says Judge Can Force Trump Administration To Pay Foreign Aid

USAID goods om display (AP Photo/Fernando Vergara, File))

A divided Supreme Court on Wednesday denied the Trump administration’s request to block a lower court order on foreign aid funding, clearing the way for the State Department and the U.S. Agency for International Development to restart nearly $2 billion in payments.

The 5-4 order directed the lower court to clarify what obligations the government must fulfill to global health groups for work already completed, with consideration of the “feasibility of any compliance timelines.”

The decision drew a sharp dissent from four conservative justices who said a District Court judge in D.C. probably lacks the power to compel the federal government to make such payments.

“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,” wrote Justice Samuel A. Alito Jr., who was joined by Justices Clarence Thomas, Neil M. Gorsuch and Brett M. Kavanaugh.

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