The Supreme Court isn't always known for its swiftness, but on Tuesday, the high court issued an order in response to an application for stay that was only just filed on Monday. We're back to the USAID funding case(s) — AIDS Vaccine Advocacy Coalition v. U.S. Dept. of State and Global Health Council v. Trump — in which D.C. District Court Judge Amir Ali, just last week, entered yet another preliminary injunction that blocked the Trump administration from withholding previously appropriated USAID funding.
I won't belabor the tortured procedural history of the case yet again, as that is rather beside the point as to the latest development. There's a pretty thorough rundown of it in the article I wrote on Judge Ali's ruling last week:
READ MORE: D.C. District Judge Once Again Enjoins Trump Admin From Withholding Appropriated USAID Funding
As I was writing that article, the administration filed its Notice of Appeal with the D.C. Circuit Court of Appeals. Both the district court and the court of appeals then denied the administration's motion to stay Ali's September 3rd order pending appeal. So, on Monday, the administration filed its application for stay with the Supreme Court.
Tuesday afternoon, the court issued an administrative (temporary) stay of that September 3rd order:
🚨BREAKING NEWS: Chief Justice John Roberts just hit pause on the Trump administration's freeze on billions in foreign aid, giving the Supreme Court more time to weigh in.
— Jesseamoako (@jesseamoako3) September 9, 2025
This means a lower court's order to release $4 billion by month's end is on hold. While this is just a… pic.twitter.com/4o98XcvndV
The order itself, signed by Chief Justice John Roberts, reads:
UPON CONSIDERATION of the application of counsel for the applicants,
IT IS ORDERED that the September 3, 2025 order of the United States District Court for the District of Columbia, case Nos. 1:25-cv-400 and 1:25-cv-402, is hereby partially stayed for funds that are subject to the President’s August 28, 2025 recission proposal currently pending before Congress pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Friday, September 12th, 2025, by 4 p.m. (EDT).
Note that the pause is as to "funds that are subject to the President's August 28, 2025 recission proposal currently pending before Congress."
In late-night correspondence to both House Speaker Mike Johnson (R-LA) and Vice President JD Vance (as President of the Senate), President Trump wrote:
In accordance with section 1012(a) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 683(a)), I herewith report 15 rescissions of budget authority, totaling $4.9 billion.
The proposed rescissions affect programs of the Department of State as well as the United States Agency for International Development and International Assistance Programs.
The details of these rescissions are set forth in the attached enclosure.
READ MORE: 4D Chess? Trump Uses 'Rare' Pocket Rescission to Claw Back Foreign Aid and Outflank Legal Challenges
Again, this is only a temporary pause on the district court order. But once again, it's a win (for now) for the administration — and a key one at that, given the fast approaching end of the fiscal year (on September 30).
RedState will continue to follow the story and provide additional updates as warranted.
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