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‘Our Legal Challenge of the Funding Freeze Is Testing the Judiciary’s Ability to Check Executive Power’ — Global Issues

by Global Issues
May 19, 2025
in World
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  • by CIVICUS
  • Monday, Might 19, 2025
  • Inter Press Service

Might 19 (IPS) – CIVICUS speaks with Eric Bjornlund, President and CEO of Democracy Worldwide, in regards to the impacts of the US overseas assist freeze and the ensuing authorized challenges the Trump administration is going through. Democracy Worldwide is a worldwide civil society organisation (CSO) that works for a extra peaceable and democratic world.

Upon taking workplace, Trump instantly suspended all overseas assist and dismantled the USA Company for Worldwide Growth (USAID), blocking over US$40 billion in congressionally authorised funding. This halted essential international work in democracy, improvement, well being and human rights. In February, a number of CSOs, together with Democracy Worldwide, filed a lawsuit difficult Trump’s authorized authority to freeze these funds. Regardless of a courtroom ruling ordering the discharge of the cash and the restoration of overseas help, authorized proceedings proceed.

Eric Bjornlund

What are probably the most extreme penalties of the funding freeze?

The affect on important worldwide work on democracy, healthcare, human rights and worldwide improvement has been devastating and far-reaching. The federal government has even refused to honour invoices or reimburse legally authorised bills, together with these incurred underneath the earlier administration. With 83 per cent of programmes cancelled, many organisations have been compelled to close their operations.

Well being companies had been among the many first to break down: 1000’s of healthcare employees had been dismissed, with important medication and meals assist left stockpiled and expiring, being broken or stolen. This has elevated deaths from HIV/AIDS and malaria and left reproductive well being wants unmet.

Past healthcare, the harm spans a number of sectors: training for ladies minimize, demining operations suspended, Ukrainian refugee shelters compromised, safety for minors from gang recruitment in Central America terminated, cybersecurity in Ukraine halted and help for civil society opposing authoritarian violence in Myanmar ended. Even efforts monitoring zoonotic illnesses in Bangladesh have ceased.

How has Democracy Worldwide been affected?

With 98 per cent of our 2024 income from USAID, we’ve been crippled. Regardless of a federal courtroom declaring the terminations illegal, all our programmes have been cancelled, forcing employees furloughs, workplace closures and delayed funds.

The human price has been immense. In Bangladesh, we’ve discontinued medical help to college students injured throughout protest crackdowns. In Burkina Faso, the lives of human rights defenders documenting violence in opposition to Christian communities are in danger as a result of we are able to not relocate them. The identical lack of essential help is affecting Nicaraguan political prisoners, state violence victims in Mozambique, authorities critics within the Philippines and democracy advocates in Tanzania. In Jamaica, over 500 weak younger folks threat being recruited by gangs with out our counselling companies, apprenticeship alternatives and vocational skills-building coaching.

We’ve additionally been compelled to desert vital governance initiatives. We’ve suspended help for Bangladesh’s post-authoritarian transition, authorized help for civil society navigating overseas agent legal guidelines in Kyrgyzstan, funding coordination for displaced Armenians and democracy management in Libya.

Past instant harms, this has damaged the belief of communities we’ve supported for years, undermined civil society credibility and surrendered important political affect to authoritarian powers comparable to China and Russia.

What collective motion has civil society taken?

The freeze blindsided us, however we rapidly recognised the necessity for a coordinated response. We’ve partnered with former USAID officers – notably these whose work centered on democracy and human rights – to advocate for overseas assist restoration and defend democracy and the rule of regulation within the USA. We’ve additionally labored with USAID implementing companions, consulted international consultants and sought to determine new funding alternatives.

However our strongest technique has been authorized motion. We joined a coalition of USAID companions to file a lawsuit that secured a short lived restraining order in February and a preliminary injunction in March, ordering the federal government to renew funds and restore funding.

Regardless of our case reaching the Supreme Court docket, the administration has largely didn’t comply, making a constitutional disaster that’s testing the judiciary’s means to examine government energy. Whereas authorized motion stays central to our technique, we recognise the necessity for congressional involvement to attain a sustainable answer.

What are your authorized arguments?

We problem the federal government on a number of grounds. First, we argue the blanket termination of overseas help underneath the Administrative Process Act is each arbitrary and illegal. Second, we contend this motion basically breaches the constitutional separation of powers. Neither the President, Secretary of State nor USAID Administrator has authorized authority to unilaterally withhold appropriated funds or dismantle a statutory company.

The administration has violated each Congress’s unique energy over spending and its shared overseas coverage position. The Impoundment Management Act explicitly prohibits defunding programmes based mostly merely on coverage preferences with out following strict procedural necessities.

The courtroom has agreed with our place that no rational foundation exists for such a sweeping freeze if the said goal was merely to evaluation programmes’ effectivity and consistency. The federal government has additionally disregarded organisations’ important reliance on these funds, forcing many to shut completely.

How can democratic establishments be strengthened in opposition to such overreach?

Constitutional checks and balances operate solely when all branches respect them. Congress should defend its spending authority, courts should proceed asserting their oversight position and in the end, the chief should respect the rule of regulation. However whether or not it’ll accomplish that stays unsure.

If this example persists unresolved, the humanitarian toll will proceed mounting globally whereas the safety, prosperity and international standing of the USA deteriorate. Strong accountability mechanisms and institutional safeguards are important to guard assist programs globally and democracy at house.

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© Inter Press Service (2025) — All Rights Reserved. Authentic supply: Inter Press Service

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<p><a href="https://www.globalissues.org/information/2025/05/19/39893">‘Our Authorized Problem of the Funding Freeze Is Testing the Judiciary’s Potential to Test Govt Energy’</a>, <cite>Inter Press Service</cite>, Monday, Might 19, 2025 (posted by World Points)</p>

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‘Our Authorized Problem of the Funding Freeze Is Testing the Judiciary’s Potential to Test Govt Energy’, Inter Press Service, Monday, Might 19, 2025 (posted by World Points)





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