National Council of Nonprofits v. Office of Management and Budget, No. 1:25-cv-239 (D. D.C., filed Jan. 28, 2025)
Complaint
Motion for TRO, January 28, 2025
Response to TRO motion, January 28, 2025
| 01/28/2025 | MINUTE ORDER: Upon consideration of Plaintiffs’ Motion for Temporary Restraining Order 5 , it is hereby ORDERED that the parties shall appear for a video status conference on this matter on January 28, 2025, at 4:00 p.m., via Zoom. It is further ORDERED that Plaintiffs shall serve Defendants with a copy of this Order immediately upon receipt to ensure that counsel for Defendants will appear at the video scheduling conference. Signed by Judge Loren L. AliKhan on 1/28/2025. (lclla3) (Entered: 01/28/2025) |
| 01/28/2025 | Minute Entry for Emergency Hearing held on 1/28/2025 before Judge Loren L. AliKhan: Jessica Morton present on behalf of plaintiffs. Daniel Schwei present on behalf of defendants. The Court orders an administrative stay through 5PM on February 3rd to maintain the status quo and allow for full consideration of Plaintiffs’ request for a temporary restraining order. Government’s response/opposition due by Thursday, January 30th at 5PM. Plaintiff’s reply due by Friday, January 31st at 5PM. Motion Hearing re: TRO/PI set for 2/3/2025 at 11:00 AM in Courtroom 21 (in person) before Judge Loren L. AliKhan. Order to follow. (Court Reporter Stacy Johns)(mhp) (Entered: 01/28/2025) |
TRO, January 28, 2025
Defendants’ notice of rescission, January 29, 2025
Beatrice Adams motion to intervene and vacate, January 29, 2025
US motion to dismiss and opposition to TRO, January 30, 2025
| 01/30/2025 | MINUTE ORDER: In light of Defendants’ Motion to Dismiss for Lack of Jurisdiction 21 , and given the urgency of this matter, it is hereby ORDERED that Plaintiffs shall file a response to the motion by 5:00 p.m. on January 31, 2025, and Defendants shall file a reply, if any, by 5:00 p.m. on February 1, 2025. Signed by Judge Loren L. AliKhan on 1/30/2025. (lclla3) (Entered: 01/30/2025) |
Plaintiffs’ reply/opposition, with exhibits, January 31, 2025
US reply, February 1, 2025
Plaintiffs’ notice re West Virginia center for independent living, February 2, 2025
Plaintiffs’ proposed TRO, February 3, 2025
| 02/03/2025 | Minute Entry for Motions Hearing held on 2/3/2025 before Judge Loren L. AliKhan: The matter comes before the Court for Plaintiffs’ Motion 5 for Temporary Restraining Order and Defendants’ Motion 21 to Dismiss. Kevin E. Friedl, Jessica A. Morton, and Robin F. Thurston present on behalf of Plaintiffs. Daniel Schwei, Eitan Sirkovich, and Andrew Freidah present on behalf of Defendants. The motions were fully briefed and argued, and the Court noted its inclination to grant a temporary restraining order (“TRO”) and deny the motion to dismiss. Plaintiffs to submit proposed TRO language by 1:30PM and Defendants to respond with any objections by 4:30PM. The parties are encouraged to work together to come up with an agreed-on briefing schedule for the forthcoming motion for a preliminary injunction. Order to follow. (Court Reporter Jeffrey Hook)(mhp) (Entered: 02/03/2025) |
US response, February 3, 2025
TRO, February 3, 2025
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New York v. Trump, No. 1:25-cv-39 (D. R.I., filed Jan. 28, 2025)
Complaint
Plaintiffs’ motion for TRO, January 28, 2025
| 01/29/2025 | NOTICE of Hearing on 3 MOTION for Temporary Restraining Order: Motion Hearing via Zoom scheduled for Wednesday 1/29/2025 at 3:00 PM as a Remote Hearing before Chief Judge John J. McConnell, Jr.; Zoom information has been provided to counsel under separate email. (Jackson, Ryan) (Entered: 01/29/2025) |
VR School amicus, January 29, 2025
| 01/29/2025 | TEXT ORDER denying 26 Motion for Leave to File Amicus Brief: VR School’s Motion to File an Amicus Brief is DENIED. The filer, Mr. Freedom Cheteni, is not a member of the bar of this Court (or possibly any court). The Motion is filed on behalf of an entity called the “VR School.” Pursuant to LR Gen 205(a), an entity needs an attorney of this Court to file with the Court. A non-lawyer may not file with the Court on behalf of an organization or corporate entity pro se. So Ordered by Chief Judge John J. McConnell, Jr. on 1/29/2025. (Jackson, Ryan) (Entered: 01/29/2025) |
Corrected complaint, January 29, 2025
US notice re rescission, January 29. 2025
| 01/29/2025 | Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Motion Hearing via Zoom held on 1/29/2025 re: 3 MOTION for Temporary Restraining Order filed by State of New York, et al. Counsel present: S. Rice, K. Sabatini; M. Thomas-Jensen, R. Muqaddam; A. Hemmer; C. Chuang, L. Faer; K. Dirks; D. Schwei. Court addresses withdrawal of the OMD memo; Plaintiffs (Rice) responds. Court questions Plaintiffs. One exhibit admitted as evidence. Defendants (Schwei) argues; Court questions Defendants. Plaintiffs (Rice) give reply argument. Court orders Plaintiffs/States to prepare a proposed order and share it with Defendants before submitting to the Court. Upon submission to the Court (via email to Case Manager), the Defendants will have 24-hours to response to the proposed order by letter-brief. Court will then consider the proposed order and response and schedule a conference if necessary. Adjourned. (Court Reporter Denise Webb in Courtroom Remote via Zoom Videoconference at 3:00 PM.) (Jackson, Ryan) (Entered: 01/29/2025) |
Plaintiffs’ proposed TRO, January 29, 2025
Plaintiffs’ motion to supplement the record, January 30, 2025
US response to TRO motion, January 30, 2025
| 01/31/2025 | TEXT ORDER granting 48 MOTION to Supplement Record re: 3 MOTION for Temporary Restraining Order. So Ordered by Chief Judge John J. McConnell, Jr. on 1/31/2025. (Jackson, Ryan) (Entered: 01/31/2025) |
TRO, January 31, 2025
US notice of compliance with TRO, February 3, 2025
| 02/03/2025 | TEXT ORDER: Plaintiffs’ Motion for Preliminary Injunction and Memorandum in Support is due on or before Friday 2/7/2025; Defendants’ Opposition and Memorandum is due on or before Wednesday 2/12/25; Plaintiffs’ Reply is due two days after the filing of the Defendants’ opposition. So Ordered by Chief Judge John J. McConnell, Jr. on 2/3/2025. (Jackson, Ryan) (Entered: 02/03/2025) |
| 02/06/2025 | Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Chambers Conference via Zoom held on 2/6/2025. Counsel present: S. Rice, K. Sabatini, L. Giarrano; R. Muqaddam, M. Thomas-Jensen, C. Faherty; L. Faer, T. McCombs; K. Dirks; D. Schwei, E. Sirkovich. (Jackson, Ryan) (Entered: 02/06/2025) | |
| 02/06/2025 | TEXT ORDER: The Court extends the 50 TEMPORARY RESTRAINING ORDER for good cause including the complexity of the issues involved, the number of parties, and the need to maintain the status quo while this matter is being expeditiously litigated – until the Court enters an order on the Plaintiffs’ Motion for Preliminary Injunction. So Ordered by Chief Judge John J. McConnell, Jr. on 2/6/2025. (Jackson, Ryan) (Entered: 02/06/2025) |
Emergency motion for enforcement, February 7, 2025
Motion for preliminary injunction, February 7, 2025
| 02/07/2025 | TEXT ORDER: Defendants are hereby ORDERED to Respond to Plaintiffs’ 66 Emergency MOTION to Enforce re: 50 Order on Motion for TRO by this Sunday, 2/9/2025. So Ordered by Chief Judge John J. McConnell, Jr. on 2/7/2025. (Jackson, Ryan) (Entered: 02/07/2025) |
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Enforcement order, February 10, 2025
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Impoundment Control Act of 1974, Title X of Pub. L. 93-344 (1974)
2 U.S.C. secs. 681 et seq.
2 U.S. Code § 681 – Disclaimer
- Nothing contained in this Act, or in any amendments made by this Act, shall be construed as—
asserting or conceding the constitutional powers or limitations of either the Congress or the President;
ratifying or approving any impoundment heretofore or hereafter executed or approved by the President or any other Federal officer or employee, except insofar as pursuant to statutory authorization then in effect;
affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or
superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder.
2 U.S. Code § 682 – Definitions
For purposes of sections 682 to 688 of this title—
(1) “deferral of budget authority” includes—
withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or
any other type of Executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law;
“Comptroller General” means the Comptroller General of the United States;
“rescission bill” means a bill or joint resolution which only rescinds, in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President under section 683 of this title, and upon which the Congress completes action before the end of the first period of 45 calendar days of continuous session of the Congress after the date on which the President’s message is received by the Congress;
“impoundment resolution” means a resolution of the House of Representatives or the Senate which only expresses its disapproval of a proposed deferral of budget authority set forth in a special message transmitted by the President under section 684 of this title; and
continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of the 45-day period referred to in paragraph (3) of this section and in section 683 of this title, and the 25-day periods referred to in sections 687 and 688(b)(1) of this title. If a special message is transmitted under section 683 of this title during any Congress and the last session of such Congress adjourns sine die before the expiration of 45 calendar days of continuous session (or a special message is so transmitted after the last session of the Congress adjourns sine die), the message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the 45-day period referred to in paragraph (3) of this section and in section 683 of this title (with respect to such message) shall commence on the day after such first day.
2 U.S. Code § 683 – Rescission of budget authority
(a) Transmittal of special messageWhenever the President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation for such fiscal year, the President shall transmit to both Houses of Congress a special message specifying—
the amount of budget authority which he proposes to be rescinded or which is to be so reserved;
any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved;
the reasons why the budget authority should be rescinded or is to be so reserved;
to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and
all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the proposed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided.
(b) Requirement to make available for obligation
Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved. Funds made available for obligation under this procedure may not be proposed for rescission again.
2 U.S. Code § 684 – Proposed deferrals of budget authority
(a) Transmittal of special messageWhenever the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying—
the amount of the budget authority proposed to be deferred;
any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions involved;
the period of time during which the budget authority is proposed to be deferred;
the reasons for the proposed deferral, including any legal authority invoked to justify the proposed deferral;
to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and
all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority, including specific elements of legal authority, invoked to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided.
A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate.
(b) Consistency with legislative policyDeferrals shall be permissible only—
to provide for contingencies;
to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or
as specifically provided by law.
No officer or employee of the United States may defer any budget authority for any other purpose.
The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 683 of this title.
2 U.S. Code § 685 – Transmission of messages; publication
(a) Delivery to House and Senate
Each special message transmitted under section 683 or 684 of this title shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committee of the House of Representatives and the Senate. Each such message shall be printed as a document of each House.
(b) Delivery to Comptroller GeneralA copy of each special message transmitted under section 683 or 684 of this title, shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under section 683 or 684 of this title, the Comptroller General shall review each such message and inform the House of Representatives and the Senate as promptly as practicable with respect to—
in the case of a special message transmitted under section 683 of this title, the facts surrounding the proposed rescission or the reservation of budget authority (including the probable effects thereof); and
in the case of a special message transmitted under section 684 of this title, (A) the facts surrounding each proposed deferral of budget authority (including the probable effects thereof) and (B) whether or not (or to what extent), in his judgment, such proposed deferral is in accordance with existing statutory authority.
(c) Transmission of supplementary messages
If any information contained in a special message transmitted under section 683 or 684 of this title is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, referred, and printed as provided in subsection (a). The Comptroller General shall promptly notify the House of Representatives and the Senate of any changes in the information submitted by him under subsection (b) which may be necessitated by such revision.
(d) Printing in Federal Register
Any special message transmitted under section 683 or 684 of this title, and any supplementary message transmitted under subsection (c), shall be printed in the first issue of the Federal Register published after such transmittal.
(e) Cumulative reports of proposed rescissions, reservations, and deferrals of budget authority
(1) The President shall submit a report to the House of Representatives and the Senate, not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month—
he has transmitted a special message under section 683 of this title with respect to a proposed rescission or a reservation; and
he has transmitted a special message under section 684 of this title proposing a deferral.
Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with respect thereto under section 683 or 684 of this title.
Each report submitted under paragraph (1) shall be printed in the first issue of the Federal Register published after its submission.
2 U.S. Code § 686 – Reports by Comptroller General
(a) Failure to transmit special messageIf the Comptroller General finds that the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any other officer or employee of the United States—
is to establish a reserve or proposes to defer budget authority with respect to which the President is required to transmit a special message under section 683 or 684 of this title; or
has ordered, permitted, or approved the establishment of such a reserve or a deferral of budget authority;
and that the President has failed to transmit a special message with respect to such reserve or deferral, the Comptroller General shall make a report on such reserve or deferral and any available information concerning it to both Houses of Congress. The provisions of sections 682 to 688 of this title shall apply with respect to such reserve or deferral in the same manner and with the same effect as if such report of the Comptroller General were a special message transmitted by the President under section 683 or 684 of this title, and, for purposes of sections 682 to 688 of this title, such report shall be considered a special message transmitted under section 683 or 684 of this title.
(b) Incorrect classification of special message
If the President has transmitted a special message to both Houses of Congress in accordance with section 683 or 684 of this title, and the Comptroller General believes that the President so transmitted the special message in accordance with one of those sections when the special message should have been transmitted in accordance with the other of those sections, the Comptroller General shall make a report to both Houses of the Congress setting forth his reasons.
2 U.S. Code § 687 – Suits by Comptroller General
If, under this chapter, budget authority is required to be made available for obligation and such budget authority is not made available for obligation, the Comptroller General is hereby expressly empowered, through attorneys of his own selection, to bring a civil action in the United States District Court for the District of Columbia to require such budget authority to be made available for obligation, and such court is hereby expressly empowered to enter in such civil action, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation. No civil action shall be brought by the Comptroller General under this section until the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Representatives and the President of the Senate.
2 U.S. Code § 688 – Procedure in House of Representatives and Senate
Any rescission bill introduced with respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be.
If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to discharge the committee from further consideration of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee.
A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a bill or resolution with respect to the same special message or the same proposed deferral, as the case may be); and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(c) Floor consideration in House
When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a rescission bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the bill or resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
Debate on a rescission bill or impoundment resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. In the case of an impoundment resolution, no amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a rescission bill or impoundment resolution is agreed to or disagreed to.
Motions to postpone, made with respect to the consideration of a rescission bill or impoundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any rescission bill or impoundment resolution shall be decided without debate.
Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impoundment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances.
(d) Floor consideration in Senate
Debate in the Senate on any rescission bill or impoundment resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.
A motion to further limit debate is not debatable. In the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. In the case of an impoundment resolution, no amendment or motion to recommit is in order.
The conference report on any rescission bill shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.
During the consideration in the Senate of the conference report on any rescission bill, debate shall be limited to 2 hours to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report.
Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.
In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.
Train v. City of New York, 420 U.S. 35 (1975)
Link to the Center for Renewing America’s paper on how Nixon was right and the Impoundment Control Act is unconstitutional
Link to article on Russ Vought’s confirmation hearing
Temporary Pause of Agency Grant, Loan, and Other Financial Assistance
Programs, January 27, 2025
OMB memo, January 28, 2025
OMB rescission memo, January 29, 2025
Affordable Care Act Litigation 