US Supreme Court Asks for Clarification of Government’s Obligations Regarding USAID Payments

In proceedings relating to a challenge of the Trump Administration’s temporary pause of foreign-assistance payments to businesses and organizations receiving funds from the US State Department and the US Agency for International Development (USAID), the US Supreme Court on 5 March 2025 denied the application to vacate an order issued by the US District Court for the District of Columbia. The District Court had styled the order “non-appealable”.

On 13 February 2025, the District Court (Judge Amir Ali) entered a temporary restraining order (TRO) enjoining the US Government from enforcing directives pausing disbursements of foreign development assistance funds. On 25 February, the District Court then ordered the Government to “pay all invoices and letter of credit drawdown requests on all contracts for work completed prior to the entry of the Court’s TRO” within 36 hours.

Prior to the deadline, the Government filed an application to vacate the District Court’s 25 February order and requested an immediate administrative stay. Chief Justice John Roberts entered an administrative stay before the deadline and referred the application to the Supreme Court.

In a 5-4 vote, the Supreme Court vacated the stay. In its ruling, the Court wrote: “Given that the deadline in the challenged order has now passed … the District Court should clarify what obligations the Government must fulfill to ensure compliance with the temporary restraining order”. The dissenting Justices questioned the nature of the TRO, insisting its effects were not “temporary” nor did they “restrain” the Government from challenged actions to preserve the status quo.