ACLU Applauds Supreme Court Decision Upholding Congressional Control of Federal Funding

WASHINGTON — The Supreme Court today ruled 5-4 that the Trump administration must release the $2 billion in congressionally authorized payments owed to U.S. businesses and nonprofit organizations for work already completed for USAID. Since the Trump administration’s “freeze,” millions of people have been put at new risk for death and disease, and countless businesses have been negatively impacted — from shuttering programs, to furloughing employees, to closing their doors altogether.

In his executive order, Trump unilaterally issued a blanket suspension of funds authorized by Congress without the notice Congress requires. The Supreme Court’s ruling in Department of State v. AIDS Vaccine Advocacy Coalition underscores that despite President Trump’s effort to wield the federal budget like a weapon, we are still a nation of laws where Congress holds the constitutional power of the purse — not the president.

The following is a statement from Anthony D. Romero, executive director of the American Civil Liberties Union:

“President Trump’s attempt to halt foreign aid funding was a reckless, cruel, and unprecedented abuse of executive power. The lower court rightly held that President Trump exceeded his authority when he unilaterally declared he was freezing funding for programs Congress had already authorized, stiffing federal contractors who had already done work. We’re pleased to see the Supreme Court uphold the Constitution and act as an essential check on the executive branch in this case brought by Public Citizen.

“The Trump administration dragged its feet in complying with the district court’s orders and had to be hauled back to answer to that court twice before it filed an appeal. What happens next is critical. The Trump administration has a constitutional duty to comply with this order. At its core, this is a case about checks and balances and the rule of law."