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Department of State v. AIDS Vaccine Advocacy Coalition

Emergency application to vacate order is denied on March 5, 2025. Justice Alito filed a dissenting opinion, in which Justices Thomas, Gorsuch, and Kavanaugh joined.
Docket No. Argument Opinion Vote Author Term
24A831 N/A N/A 5-4 N/A OT 2024

Issue: Whether the Supreme Court should vacate the U.S. District Court for the District of Columbia's order requiring the executive branch to pay nearly $2 billion to nonprofits and businesses that receive federal foreign-assistance funding for reimbursements of contracts and grants for work completed before Feb. 13, 2025.

DateProceedings and Orders (key to color coding)
Feb 26 2025Application (24A831) to vacate the order issued by the United States District Court for the District of Columbia, submitted to The Chief Justice.
Feb 26 2025Order issued by The Chief Justice: Upon consideration of the application of counsel for the applicants, it is ordered that the February 25, 2025 orders of the United States District Court for the District of Columbia, case Nos. 1:25-cv-00400 and 1:25-cv-00402, are hereby stayed pending further order of the undersigned or of the Court. It is further ordered that any response to the application be filed on or before Friday, February 28, 2025, by 12 p.m. (EST).
Feb 26 2025Letter of applicants Department of State, et al. filed.
Feb 28 2025Response to application from respondents AIDS Vaccine Advocacy Coalition, et al. filed.
Feb 28 2025Brief amicus curiae of Jeremy Bates filed.
Mar 03 2025Reply of applicants Department of State, et al. filed.
Mar 05 2025Application (24A831) referred to the Court.
Mar 05 2025On February 13, the United States District Court for the District of Columbia entered a temporary restraining order enjoining the Government from enforcing directives pausing disbursements of foreign development assistance funds. The present application does not challenge the Government’s obligation to follow that order. On February 25, the District Court ordered the Government to issue payments for a portion of the paused disbursements—those owed for work already completed before the issuance of the District Court’s temporary restraining order—by 11:59 p.m. on February 26. Several hours before that deadline, the Government filed this application to vacate the District Court’s February 25 order and requested an immediate administrative stay. The Chief Justice entered an administrative stay shortly before the 11:59 p.m. deadline and subsequently referred the application to the Court. The application is denied. Given that the deadline in the challenged order has now passed, and in light of the ongoing preliminary injunction proceedings, the District Court should clarify what obligations the Government must fulfill to ensure compliance with the temporary restraining order, with due regard for the feasibility of any compliance timelines. The order heretofore entered by The Chief Justice is vacated. Justice Alito, joined by Justice Thomas, Justice Gorsuch, and Justice Kavanaugh dissent. (Detached Opinion)