Summary
The United States Court of Appeals for the D.C. Circuit issued a per curiam order denying the appellants' motion for a stay pending appeal. The court determined that the appellants failed to establish the requisite showing of irreparable harm, noting that the appellee remains on administrative leave and is not currently exercising executive power. Additionally, the court explained that denying the stay would not disrupt executive operations because statutory requirements prevent the immediate appointment of a replacement without board approval. Consequently, the court found the appellants' request fatal and denied the stay.
Topics
Practice areas
Questions Presented
- Did the appellants satisfy the stringent requirements for a stay pending appeal?
- Did the appellants demonstrate certain and great irreparable harm absent a stay?
Holdings
- The motion for stay is denied because the appellants failed to show certain and great irreparable harm that is both actual and imminent.
Key quotations
“A showing of irreparable harm is a necessary prerequisite for a stay; appellants’ failure to demonstrate such harm is thus fatal to their request.”
Factual background
Michael Abramowitz serves as Director of Voice of America. Kari Lake serves as Senior Advisor to the Acting CEO of the United States Agency for Global Media. The dispute centers on whether Abramowitz may remain in his position pending appeal and whether the appellants can obtain a stay of the district court's order.
Procedural history
Appellants appealed a district court order and moved for a stay pending appeal. The D.C. Circuit considered the motion, the response, and the reply and issued an order denying the stay.