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BREAKING: The Justice Department ran to the U.S. Supreme Court in the foreign aid funding case (again) on Tuesday evening, after orders from both the appeals court and district court reiterated that the preliminary injunction in the case — which has been in place for months — remains in effect.

DOJ is seeking a stay of the injunction pending appeal and an immediate administrative stay.

After a 2-1 panel ruling from the U.S. Court of Appeals for the D.C. Circuit held that the plaintiffs in the case could not bring their challenge to the Trump administration’s impoundment of appropriated funds, the challengers asked the full D.C. Circuit to rehear the appeal en banc.

While considering that request, the appeals court noted in an order this past week that the injunction remains in effect because the mandate will not issue until the court decides whether to hear the appeal en banc. (The mandate is what formally sends jurisdiction back to the district court.)

Then, on Monday, the district court — U.S. District Judge Amir Ali — denied DOJ’s request for a partial stay of the injunction now. It was a weird request, and Ali came fairly close to saying so in denying it.

But, now, Solicitor General John Sauer — Donald Trump’s former personal lawyer — has gone to the Supreme Court, declaring that this is an emergency and that the Trump administration needs a ruling by September 2.

Aug 26
at
11:37 PM
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