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Department of State v. AIDS Vaccine Advocacy Coalition

Application for stay granted on Sept. 26, 2025. Justice Kagan wrote a dissenting opinion, joined by Justices Sotomayor and Jackson.

Docket No. Op. Below Argument Opinion Vote Author Term
25a269 D.C. Cir. Not Argued Sep 26, 2025 N/A N/A OT 2025

Issue: Whether the Supreme Court should stay a district court order requiring the Trump administration to make available for obligation billions of dollars in appropriated foreign-aid funds.

Judgment: Application for stay granted on September 26, 2025. Justice Kagan wrote a dissenting opinion, joined by Justices Sotomayor and Jackson.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/08/2025Application (25A269) for a stay, submitted to The Chief Justice.
09/08/2025Opposition to Request for Immediate Administrative Stay filed.
09/09/2025Order 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).
09/11/2025Brief amicus curiae of Alan B. Morrison filed.
09/12/2025Response to application from respondent Global Health Council, et al. filed.
09/12/2025Brief amicus curiae of Representative Rosa L. DeLauro filed.
09/15/2025Reply of applicant Department of State, et al. filed.
09/26/2025Application (25A269) referred to the Court.
09/26/2025On 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 Of that $10.5 billion, $4 billion was proposed to be rescinded in a “special message” transmitted pursuant to the Impoundment Control Act.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)