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Docket for 25A269

No. 25A269

Title:	Department of State, et al., Applicants v. AIDS Vaccine Advocacy Coalition, et al.
Docketed:	September 8, 2025
Lower Ct:	United States Court of Appeals for the District of Columbia Circuit
Case Numbers:	(25-5319, 25-5317)

Proceedings and Orders

Sep 08 2025

Application (25A269) for a stay, submitted to The Chief Justice.
Main Document Lower Court Orders/Opinions Proof of Service

Sep 08 2025

Opposition to Request for Immediate Administrative Stay filed.
Main Document Proof of Service

Sep 09 2025

Order entered by The Chief Justice: Upon consideration of the application of counsel for the applicants, it is ordered that the September 3, 2025 order of the United States District Court for the District of Columbia, case Nos. 1:25-cv-400 and 1:25-cv-402, is hereby partially stayed for funds that are subject to the President’s August 28, 2025 recission proposal currently pending before Congress pending further order of The Chief Justice or of the Court. It is further ordered that a response to the application be filed on or before Friday, September 12th, 2025, by 4 p.m. (EDT).

Sep 11 2025

Brief amicus curiae of Alan B. Morrison filed.
Main Document Proof of Service

Sep 12 2025

Response to application from respondent Global Health Council, et al. filed.
Main Document Proof of Service

Sep 12 2025

Brief amicus curiae of Representative Rosa L. DeLauro filed.
Main Document Proof of Service

Sep 15 2025

Reply of applicant Department of State, et al. filed.
Reply Proof of Service

Sep 26 2025

Application (25A269) referred to the Court.

Sep 26 2025

On September 3, the United States District Court for the District of Columbia entered a preliminary injunction directing the Executive to obligate roughly $10.5 billion of appropriated aid funding set to expire on September 30. Of that $10.5 billion, $4 billion was proposed to be rescinded in a “special message” transmitted pursuant to the Impoundment Control Act. See 2 U. S. C. §681 et seq. After the District Court and the United States Court of Appeals for the District of Columbia Circuit denied stays of that order, the Government filed this application to stay the District Court’s injunction. The application for stay presented to The Chief Justice and by him referred to the Court is granted. The Government, at this early stage, has made a sufficient showing that the Impoundment Control Act precludes respondents’ suit, brought pursuant to the Administrative Procedure Act, to enforce the appropriations at issue here. The Government has also made a sufficient showing that mandamus relief is unavailable to respondents. And, on the record before the Court, the asserted harms to the Executive’s conduct of foreign affairs appear to outweigh the potential harm faced by respondents. This order should not be read as a final determination on the merits. The relief granted by the Court today reflects our preliminary view, consistent with the standards for interim relief. The District Court’s September 3, 2025 order granting a preliminary injunction in case Nos. 1:25–cv–400 and 1:25–cv–402 is stayed as to the funding subject to the President’s August 28 special message, pending the disposition of the Government’s appeal in the United States Court of Appeals for the District of Columbia Circuit and disposition of a petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Kagan, joined by Justice Sotomayor and Justice Jackson, dissent. (Detached Opinion)

Attorneys

Attorneys for Petitioners

D. John Sauer
Counsel of Record

Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Department of State

Attorneys for Respondents

Lauren Elizabeth Bateman
Counsel of Record

Public Citizen
1600 20th Street NW
Washington, DC 20009
lbateman@citizen.org
Ph: 202-588-1000
Party name: AIDS Vaccine Advocacy Coalition, Journalism Development Network, Center for Victims of Torture

Daniel Frederick Jacobson
Counsel of Record

Jacobson Lawyers Group PLLC
1629 K Street NW, Suite 300
Washington, DC 20006
dan@jacobsonlawyersgroup.com
Ph: 9148150796
Party name: Global Health Council, et al.

Nicolas Anthony Sansone

Public Citizen Litigation Group
1600 20th Street NW
Washington, DC 20009
nsansone@citizen.org
Ph: 202-588-1000
Party name: AIDS Vaccine Advocacy Coalition, Journalism Development Network, Center for Victims of Torture

Stephen Kent Wirth

Arnold & Porter Kaye Scholer LLP
601 Massachusetts Ave., N.W.
Washington, DC 20001
stephen.wirth@arnoldporter.com
Ph: (202) 942-6739
Party name: Global Health Council, et al.

Allison M. Zieve

Public Citizen Litigation Group
1600 20th Street NW
Washington, DC 20009
AZIEVE@CITIZEN.ORG
Ph: 202-588-1000
Party name: AIDS Vaccine Advocacy Coalition, Journalism Development Network, Center for Victims of Torture

Other Attorneys

Alan B. Morrison
Counsel of Record

George Washington Law School
2000 H Street NW
Washington, DC 20052
ABMORRISON@LAW.GWU.EDU
Ph: 2029947120
Party name: Alan B. Morrison

Christina Lynn Wentworth
Counsel of Record

Citizens for Responsibly and Ethics in Washington
PO Box 14596
Washington, DC 20044
cwentworth@citizensforethics.org
Ph: (202) 408-5565
Party name: Representative Rosa L. DeLauro