An open letter to the U.S. Congress

Urge Action Against Supreme Court's Overreach on Foreign Aid Funding

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I am deeply concerned about the recent Supreme Court decision allowing the President to unilaterally withhold $4 billion in congressionally approved foreign aid funding. This ruling, made through a shadow docket decision, represents a dangerous overreach of executive power and undermines the fundamental principle of separation of powers enshrined in our Constitution. The Court's Republican-appointed justices have effectively nullified Congress's lawful appropriation, permitting the administration to ignore legislation that was duly passed and signed into law. This action sets a troubling precedent that threatens the very foundations of our democratic system. Justice Elena Kagan's dissent rightly points out the flaws in the majority's reasoning. The decision was based on a cursory interpretation of the Impoundment Control Act and dubious claims of harm to foreign policy. However, as Justice Kagan argued, the Executive branch's mere disagreement with Congress on spending decisions does not constitute a legitimate justification for overriding legislative authority. This ruling has immediate and lasting consequences. The $4 billion in foreign aid will now expire on September 30, never reaching its intended recipients. This not only impacts our international commitments and relationships but also sets a dangerous precedent for future administrations to disregard congressional spending decisions at will. I urge you to take immediate action to address this judicial overreach. We need legislation to reinforce the Impoundment Control Act and clarify the limits of executive power in budgetary matters. Additionally, I ask that you speak out publicly against this decision and work with your colleagues to explore all available options to challenge and reverse this ruling. The integrity of our democratic institutions and the balance of powers are at stake. We must act swiftly to prevent further erosion of congressional authority and to uphold the principles of our Constitution. Our system of checks and balances depends on your vigilance and action in this critical moment.

▶ Created on September 27, 2025 by Jeffrey Barlow

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