Summary
This D.C. Circuit order denies en banc reconsideration of a panel decision that stayed a district court's preliminary injunction against the U.S. Agency for Global Media regarding Voice of America operations. Concurring judicial statements address the scope of the district court's remedial authority under the Administrative Procedure Act and the International Broadcasting Act. The opinions analyze whether the injunction's requirement to restore VOA personnel and programming was properly tailored to remedy arbitrary agency action while maintaining the status quo pending appeal.
Topics
Practice areas
Questions Presented
- Whether the district court had authority to issue a preliminary injunction requiring restoration of VOA employees and contractors.
- Whether the panel erred in granting an emergency stay of that preliminary injunction.
Holdings
- The en banc court denied reconsideration, leaving the panel's emergency stay in effect.
Key quotations
““the injunction does not prevent USAGM from executing personnel decisions,” or taking other actions regarding employee relations, contract negotiations, or contract terminations, “pursuant to its statutory mandate and in compliance with the APA.”” (*5)
Factual background
The government shut down Voice of America (VOA) and terminated personal service contractors, allegedly violating statutory mandates. Plaintiffs alleged the agency acted arbitrarily and capriciously under the APA, prompting the district court to issue a preliminary injunction restoring VOA operations and employees.
Procedural history
The district court entered a preliminary injunction ordering restoration of VOA operations. The panel of this court granted an emergency stay of that injunction. The government sought en banc reconsideration, which was denied.