Lawsuit filed by the AIDS Vaccine Advocacy Coalition (AVAC) and the Journalism Development Network (JDN) against President Donald Trump, Secretary of State Marco Rubio, Director of the Office of Management and Budget (OMB) Russell Vought and three government agencies challenging the Trump administration’s freeze on foreign assistance funding. On Jan. 20, 2025, Trump signed Executive Order 14169 (EO 14169), which directed the OMB to execute a 90-day pause in the disbursement of U.S. foreign development assistance. The plaintiffs allege that four days after EO 14169 was signed, Rubio directed the U.S. Department of State to halt its foreign assistance funding and the U.S. Agency for International Development (USAID) ordered the “immediate issuance of stop-work orders for existing foreign assistance awards.” The plaintiffs further assert that they, and other recipients of the affected funds, were issued stop-work orders and directed to immediately cease the implementation of affected programs during the 90-day freeze.
The plaintiffs argue that EO 14169 violates the Administrative Procedure Act, Impoundment Control Act, Anti-Deficiency Act and several clauses of the U.S. Constitution. They ask the court to block the Trump administration from enforcing EO 14169 and order that the frozen foreign assistance funding be immediately reinstated.
On Feb. 13, the court partially granted the plaintiffs’ temporary restraining order, blocking the Trump administration’s suspension of foreign assistance funds that were allocated prior to Jan. 19, 2025. The order also blocks the administration from issuing any stop-work orders related to administering those funds.
On Feb. 19, the plaintiffs filed an emergency motion to enforce the temporary restraining order and to place the agency defendants — including Rubio and USAID director Peter Marocco — in civil contempt until they comply with the court’s order. The court granted the plaintiffs’ motion to enforce its temporary restraining order the next day, but declined to hold the agency defendants in civil contempt.
On Feb. 25, the court granted a second motion to enforce the temporary restraining order filed by plaintiffs in a related case, Global Health Council v. Trump, after determining that the Trump administration continued to withhold foreign assistance funds. That order required the government to disburse the affected funds before midnight on Feb. 26. The Trump administration appealed that decision to the U.S. Court of Appeals for the D.C. Circuit the same day. The D.C. Circuit immediately dismissed the appeal.
At the same time, the administration filed an application before the U.S. Supreme Court asking the Court to vacate the district court’s enforcement order and to enter an immediate stay while their application is briefed. With only a few hours before the midnight deadline on Feb. 26, the Court granted the administration’s request for an administrative stay.
STATUS: The district court’s order requiring the Trump administration to comply with its temporary restraining order is stayed while the administration’s application is briefed before the U.S. Supreme Court. For now, the Trump administration will not be required to disburse the foreign assistance funds affected by the 90-day freeze.
Case Documents (District Court)
Case Documents (DC Circuit)
Case Documents (U.S. Supreme Court)
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