Summary
The D.C. Circuit issued a combined per curiam order addressing consolidated appeals regarding the U.S. Agency for Global Media's termination of grant funding to international broadcast networks. The court granted en banc reconsideration in two cases, vacating prior stays pending appeal after finding the government failed to demonstrate a likelihood of success on its Tucker Act jurisdictional argument or satisfy the balance of equities for a stay. Conversely, the court denied en banc reconsideration in the other two cases and dissolved administrative stays. The order also directs expedited briefing and oral argument for all consolidated matters.
Topics
Practice areas
Questions Presented
- Whether the district court had jurisdiction over the contract claims under the Tucker Act
- Whether a stay pending appeal was appropriate given the likelihood of success and balance of harms
Holdings
- The en banc court vacated the stays and denied the government's motion for a stay pending appeal.
- The motion for en banc reconsideration and vacatur was denied.
Key quotations
“The jurisdictional argument advanced by the government ... the government has not made the requisite “strong showing” of a likelihood of success on the merits of its appeals in these cases, Nken, 556 U.S. at 434.” (at *3–5)
Factual background
The government, under Executive Order 14238, sought to cancel grants to Voice of America, Radio Free Asia, and Middle East Broadcasting Networks. Plaintiffs sued, and the district court ordered the government to continue funding the networks pending resolution of the contract claims.
Procedural history
The district court entered preliminary injunctions restoring grant payments to the media networks. The panel granted stays pending appeal. The en banc court vacated the stays in Nos. 25-5150 and 25-5151 and denied the government's stay motions; it denied en banc reconsideration and vacatur in Nos. 25-5144 and 25-5145.