Trump’s ability to hold back congressionally approved funding has emerged as a key issue in the pending shutdown fight. Among the concessions Democrats are seeking from Republicans is a firm guarantee that the administration will in fact spend what Congress agrees to appropriate.

In the litigation over Trump’s unilateral cuts to foreign aid, a federal district judge has issued several rulings in favor of the aid groups and contractors challenging the cuts. The judge, Biden appointee Amir Ali, ordered the administration to prepare to spend the $4 billion at issue — an order that prompted the administration’s emergency appeal to the Supreme Court.

Solicitor General D. John Sauer, representing the administration, warned the court that requiring spending of the funds would force executive branch officials into negotiations with foreign governments about doing so.

Justice Elena Kagan, writing for the dissenters, suggested that the administration’s stance shortchanged the role the Constitution gives to Congress over spending.

“That is just the price of living under a Constitution that gives Congress the power to make spending decisions through the enactment of appropriations laws,” Kagan wrote, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. “If those laws require obligation of the money, and if Congress has not by rescission or other action relieved the Executive of that duty, then the Executive must comply.”

Kagan also lamented the court’s willingness to side with Trump on a short timeframe with minimal briefing. Friday’s ruling is the latest of about 20 short-term victories that Trump has obtained on the court’s emergency docket this year, prompting complaints from the three liberal justices that the court’s conservative majority is rushing to side with Trump on novel and consequential issues.

“In a few weeks’ time — when we turn to our regular docket — we will decide cases of far less import with far more process and reflection,” she wrote.

The mechanism Trump used to cancel the funding was created by the 1974 Impoundment Control Act, a federal law created in the wake of fierce battles between Congress and President Richard Nixon over his refusal to spend appropriated funds.