WASHINGTON — A federal appeals court on Wednesday overturned a lower court’s ruling that had required the Trump administration to spend foreign aid dollars approved by Congress.
But instead of addressing the central argument of the lawsuit — that a president cannot refuse to spend money approved by lawmakers, who hold the power of the purse — the Circuit Court in a potentially significant decision said the organizations that filed the case didn’t have the authority to do so.
Judge Karen LeCraft Henderson wrote in her 33-page opinion that only the comptroller general, who leads the Government Accountability Office, has the power to bring lawsuits when a president impounds, or refuses to spend, congressionally approved funds. The GAO is an independent, non-partisan watchdog agency that wor