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The US Supreme Court, by a 5-4 majority, upheld the temporary restraining order against Trump’s administration on Wednesday. The government must reinstate the frozen foreign assistance fund of approximately $2 billion.
Writing for the dissent, Justice Alito described the majority’s decision to uphold the temporary restraining order as “an act of judicial hubris.” The dissent contended that despite the district judge’s order being formally temporary, the order produced a permanent effect of disbursing a vast sum of money that is unlikely to be recovered. Therefore, the order should be considered a preliminary injunction that the appellate court enjoys jurisdiction to review.
Alternatively, the dissent argued that the order should have been stayed because the legal dispute on the applicability of sovereign immunity over compensatory relief is debatable, failing the likelihood of success requirement. The dissent also found that the suitable scope of relief, if any, is the portion the government owed to the plaintiff groups instead of the whole $2 billion.
The plaintiffs, the AIDS Vaccine Advocacy Coalition and the Journalism Development Network challenged Trump’s 90-day pause in the foreign development assistance fund. The order intends to allow Trump’s administration to review the programs and their consistency with the country’s foreign policy.
Granting the temporary order, District Judge Amir Ali found that the plaintiffs’ challenge would likely succeed. In particular, the judge held that the blanket suspension of foreign aid is “likely arbitrary and capricious given the apparent failure to consider immense reliance interests.”
Judge Ali also accepted that the freeze would have caused a “catastrophic effect” on humanitarian missions and the businesses involved with them. Relatedly, several UN organs and international NGOs suspended their operations in February because of the freeze. These programs include refugee camps and hospitals in Myanmar, the Norwegian Refugee Council’s US-funded humanitarian network in over 20 countries, and the UN Population Fund programs to protect women in Afghanistan and Ukraine. On March 3, the UN World Food Program announced the closure of its southern Africa office. North Korean human rights organizations also contemplate closure within months, according to Australian think tank Lowy Institute and UN Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, Elizabeth Salmón.
Meanwhile, Judge Ali might also potentially be facing an impeachment initiated by US Congressman Andy Ogles (R-TN) after he ordered to lift the 90-day pause.
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Writing for the dissent, Justice Alito described the majority’s decision to uphold the temporary restraining order as “an act of judicial hubris.” The dissent contended that despite the district judge’s order being formally temporary, the order produced a permanent effect of disbursing a vast sum of money that is unlikely to be recovered. Therefore, the order should be considered a preliminary injunction that the appellate court enjoys jurisdiction to review.
Alternatively, the dissent argued that the order should have been stayed because the legal dispute on the applicability of sovereign immunity over compensatory relief is debatable, failing the likelihood of success requirement. The dissent also found that the suitable scope of relief, if any, is the portion the government owed to the plaintiff groups instead of the whole $2 billion.
The plaintiffs, the AIDS Vaccine Advocacy Coalition and the Journalism Development Network challenged Trump’s 90-day pause in the foreign development assistance fund. The order intends to allow Trump’s administration to review the programs and their consistency with the country’s foreign policy.
Granting the temporary order, District Judge Amir Ali found that the plaintiffs’ challenge would likely succeed. In particular, the judge held that the blanket suspension of foreign aid is “likely arbitrary and capricious given the apparent failure to consider immense reliance interests.”
Judge Ali also accepted that the freeze would have caused a “catastrophic effect” on humanitarian missions and the businesses involved with them. Relatedly, several UN organs and international NGOs suspended their operations in February because of the freeze. These programs include refugee camps and hospitals in Myanmar, the Norwegian Refugee Council’s US-funded humanitarian network in over 20 countries, and the UN Population Fund programs to protect women in Afghanistan and Ukraine. On March 3, the UN World Food Program announced the closure of its southern Africa office. North Korean human rights organizations also contemplate closure within months, according to Australian think tank Lowy Institute and UN Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, Elizabeth Salmón.
Meanwhile, Judge Ali might also potentially be facing an impeachment initiated by US Congressman Andy Ogles (R-TN) after he ordered to lift the 90-day pause.
The post US Supreme Court orders government to disburse $2B foreign aid appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.