National Council of Nonprofits v. Office of Management and Budget
BrynoDC Coverage 1 video
Overview
Overview
A coalition of organizations represented by Democracy Forward filed a motion for a temporary restraining order, seeking to block the White House Office of Management and Budget from pausing all agency grants.
The Issue
Issue
Whether the Office of Management and Budget exceeded its statutory authority by issuing a governmentwide pause on federal financial assistance, and whether plaintiffs are entitled to preliminary injunctive relief.
The Rules
Rule
To obtain preliminary injunctive relief, a movant must demonstrate: (1) likelihood of success on the merits; (2) irreparable harm absent relief; (3) balance of equities favoring the movant; and (4) that public interest supports relief. The claims implicate the Administrative Procedure Act's arbitrary-and-capricious standard and statutory constraints on executive authority to impound appropriated funds.
The Application
Analysis
Plaintiffs argue OMB lacked statutory authorization to issue a blanket funding freeze across all agencies and that the action violates federal law requiring obligation of appropriated funds. They assert irreparable harm to nonprofit operations and beneficiary services, presenting serious questions on the merits regarding executive authority.
The Conclusion
Conclusion
The court is evaluating plaintiffs' motion for preliminary injunctive relief against the federal funding freeze. The litigation remains active pending judicial determination of the merits and the propriety of extraordinary relief.
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