DOJ 47
National Council of Nonprofits v. Office of Management and Budget (1:25-cv-00239)

Court dockets

Background

TODO.

Preliminary order granted
2025-02-25

Read the order.

Chris Geidner
U.S. District Judge Loren AliKhan previously issued a TRO blocking the "pause" as to open contracts. This converts that to a preliminary injunction, which extends throughout litigation — and can be appealed.
Chris Geidner
BREAKING: Federal judge issues a preliminary injunction preventing the Trump administration from implementing the "unilateral, non-individualized" funding "pause" ordered by the Office of Management and Budget, under that order or "under a different name." storage.courtlistener.com/recap/gov.us...
ORDER For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Plaintiffs Motion for a Preliminary Injunction, ECF No. 40, is GRANTED to the extent that it is ORDERED that Defendants are enjoined from implementing, giving effect to, or reinstating under a different name the unilateral, non-individualized directives in OMB Memorandum M-25-13 with respect to the disbursement of Federal funds under all open awards; it is further ORDERED that Defendants must provide written notice of the court's preliminary injunction to all agencies to which OMB Memorandum M-25-13 was addressed. The written notice shall instruct those agencies that they may not take any steps to implement, give effect to, or reinstate under a different name the unilateral, non-individualized directives in OMB Memorandum M-25-13 with respect to the disbursement of Federal Funds under all open awards. It shall also instruct those agencies to continue releasing any disbursements on open awards that were paused due to OMB Memorandum M-25-13; it is further

Order on TRO
2025-02-03

The TRO is granted, see Judge AliKhan's order

Chris Geidner
AliKhan viewed Press Sec Karoline Leavitt's tweet as key to (one of the reasons) why she found the case wasn't moot, as DOJ argued it was. "The rescission, if it can be called that, appears to be nothing more than a thinly veiled attempt to prevent this court from granting relief," she concluded.
Within hours of OMB’s rescission, White House Press Secretary Leavitt announced that the rescission was to have no tangible effect on “the federal funding freeze.” Leavitt, X (formerly Twitter) (Jan. 29, 2025), https://perma.cc/99C4-5V6G. Moreover, she explained that the primary purpose of the rescission was “[t]o end any confusion created by the court’s injunction.” Id. That statement unambiguously reflects that the rescission was in direct response to this court’s issuance of an administrative stay on January 28.5 For Defendants to innocently claim that OMB’s post- stay actions were merely a noble attempt to “end[] confusion,” ECF No. 26, at 8, strains credulity.By rescinding the memorandum that announced the freeze, but “NOT . . . the federal funding freeze” itself, id., it appears that OMB sought to overcome a judicially imposed obstacle without actually ceasing the challenged conduct. The court can think of few things more disingenuous. Preventing a defendant from evading judicial review under such false pretenses is precisely why the voluntary cessation doctrine exists. The rescission, if it can be called that, appears to be nothing more than a thinly veiled attempt to prevent this court from granting relief.

OMB freezes
2025-01-27

It's a bit confusing as to whether there is or is not a freeze.

Steve Vladeck
1. The executive orders did *not* freeze federal funding. 2. The Monday OMB memo *did* freeze federal funding. 3. OMB rescinded Monday’s memo, thereby rescinding the funding freeze. 4. The EOs (which did not freeze federal funding) are still in effect—and, for these purposes, irrelevant. Sigh.
Marisa Kabas
🚨 BREAKING: OMB has just issued a memo *rescinding* the previous memo freezing all federal financial assistance programs. Full text, per government source:
January 29, 2025 M-25-14 MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: Matthew J. Vaeth, Acting Director, Office of Management and Budget Me SUBJECT: Rescission of M-25-13 OMB Memorandum M-25-13 is rescinded. If you have questions about implementing the President's Executive Orders, please contact your agency General Counsel.
Marisa Kabas
NEW — OMB temporarily pauses all agency grants and loans programs. Per copy of memo: "The use of Federal resources to advance Marxist equity, transgenderism, and green new deal social engineering policies is a waste of taxpayer dollars that does not improve the day-to-day lives of those we serve."
SUBJECT: Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs 'The American people elected Donald J. Trump to be President of the United States and gave him a mandate to increase the impact of every federal taxpayer dollar. In Fiscal Year 2024. of the nearly $10 trillion that the Federal Government spent, more than $3 trillion was Federal financial assistance, such as grants and loans. Career and political appointees in the Executive Branch have a duty to align Federal spending and action with the will of the American people as expressed through Presidential priorities. Financial assistance should be dedicated to advancing Administration priorities, focusing taxpayer dollars to advance a stronger and safer America, eliminating the financial burden of inflation for citizens, unleashing American energy and manufacturing, ending wokeness" and the weaponization of government, promoting efficiency in government, and Making America Healthy Again. The use of Federal resources to advance Marxist equity, transgenderism, and green new deal social engineering policies is a waste of taxpayer dollars that does not improve the day-to-day lives of those we serve. This memorandum requires Federal agencies to identify and review all Federal financial assistance programs and supporting activities consistent with the President's policies and requirements. For example, during the initial days of his Administration, President Donald J Trump issued a series of executive orders to protect the American people and safeguard valuable taxpayer resources, including Protecting the American People Against Invasion (Jan. 20, 2025). Reevaluating and Realigning United States Foreign Aid (Jan 20, 2025), Putting America First in International Environmental Agreements (Jan. 20, 2025). Unleashing American Energy (Jan. 20. 2025). Ending Radical and Wasteful Government DEI Programs and Preferencing (Jan. 20.ent these orders, each agency must complete a comprehensive analysis of all jal assistance programs to identify programs, projects, and activities that any of the President's executive orders. In the interian, to the extent applicable law, Federal agencies must temporarily pause all activities related disbursement of all Federal financial assistance, and other relevant agency nay be implicated by the executive orders, including, but not limited to, financial surice tot foreign nongovernmental organizations, DEL woke gender ideology, and the pause will provide the Administration time to review agency programs of the funding for those programs consistent with the law and the he temporary pause will become effective on January 28, 2025, at 5:00 rehensive analysis. Federal agencies must immediately deadlines for assistance programs arising while the les must report this information to OMB along with an directs Federal agencies to pause all activities associated conducting merit review panels No later than Febrar - 10. 2025, agencies shail submit to OMB detailed information on any programs projects or activities subject to this pause. Each agency must pause. (i) issuance of disbursement of Federal funds under all open awards, and (il) other relevant has reviewed provided guidance to your agency with respect to the information act recordin grant and ptions allowing Federal agencies to issue new awards or take other case basis. To the extent required by law, Federal agencies may continue nistrative actions. such as closeout of Federal awards (2 CFR 200.344), or expressly required by law