State of New York, et al v. Trump, et al
| STATE OF NEW YORK, STATE OF CALIFORNIA, STATE OF ILLINOIS, STATE OF RHODE ISLAND, STATE OF NEW JERSEY, COMMONWEALTH OF MASSACHUSETTS, STATE OF ARIZONA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, DISTRICT OF COLUMBIA, STATE OF HAWAII, STATE OF MAINE, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NORTH CAROLINA, STATE OF NEW MEXICO, STATE OF OREGON, STATE OF VERMONT, STATE OF WASHINGTON and STATE OF WISCONSIN |
| DONALD J. TRUMP, in his official capacity as President of the United States, US OFFICE OF MANAGEMENT AND BUDGET, RUSSELL THURLOW VOUGHT, Director of the U.S. Office of Management and Budget, MATTHEW VAETH, in his official capacity as Acting Director of the U.S. Office of Management and Budget, US DEPT OF THE TREASURY, SCOTT BESSENT, in his official capacity as Secretary of the Treasury, PATRICIA COLLINS, in her official capacity as Treasurer of the U.S., UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, MD DOROTHY A. FINK, in her official capacity as Acting Secretary of Health and Human Services, US DEPARTMENT OF EDUCATION, DENISE CARTER, in her official capacity as Acting Secretary of Education, FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON, in his official capacity as Acting Administrator of the U.S. Federal Emergency Management, US DEPT OF TRANSPORTATION, SEAN PATRICK DUFFY, in his official capacity as Secretary of Transportation, JUDITH KALETA, in her official capacity as Acting Secretary of Transportation, US DEPARTMENT OF LABOR, VINCE MICONE, in his official capacity as Acting Secretary of Labor, US DEPT OF ENERGY, CHRISTOPHER ALLEN WRIGHT, in his official capacity as Secretary of the U.S. Department of Energy, INGRID KOLB, in her official capacity as Acting Secretary of the U.S. Department of Energy, U.S. ENVIRONMENTAL PROTECTION AGENCY, LEE M. ZELDIN, in his official capacity as Administrator of the U.S. Environmental Protection Agency, JAMES PAYNE, in his official capacity as Acting Administrator of the U.S. Environmental Protection Agency, US DEPT. OF HOMELAND SECURITY, KRISTI NOEM, in her official capacity as Secretary of the U.S. Department of Homeland Security, UNITED STATES DEPARTMENT OF JUSTICE, PAMELA J. BONDI, Attorney General, NATIONAL SCIENCE FOUNDATION and DR. SETHURAMAN PANCHANATHAN, in his capacity as Director of the National Science Foundation |
| VR SCHOOL and ARTHUR WEST |
| 25-1138 |
| February 10, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
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| REPLY filed by Appellants Scott Bessent, Pamela J. Bondi, Denise Carter, Patricia Collins, DHS, FEMA, Dorothy A. Fink, Cameron Hamilton, Judith Kaleta, Ingrid Kolb, Vince Micone, National Science Foundation, Kristi Noem, Sethuraman Panchanathan, James Payne, Donald J. Trump, U.S. Environmental Protection Agency, United States Department of Health and Human Services, United States Department of Justice, US Department of Education, US Department of Labor, US Dept of Energy, US Dept of the Treasury, US Dept of Transportation, US Office of Management and Budget and Matthew Vaeth to response [ # 6699538-2 ]. Served on 02/11/2025. [25-1138] (DT) [Entered: 02/11/2025 08:45 AM] |
| RESPONSE filed by Appellees State of New York, State of Rhode Island, State of California, State of Illinois, Commonwealth of Massachusetts, State of New Jersey, State of Arizona, State of Connecticut, State of Colorado, State of Delaware, District of Columbia, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of North Carolina, State of Oregon, State of Vermont, State of Washington and State of Wisconsin to motion to stay [ # 6699531-2 ]. Served on 02/11/2025. [25-1138] (AH) [Entered: 02/11/2025 01:08 AM] |
| Public docket note: Russell Vought became director of the Office of Management and Budget on February 6, 2025. We have substituted him for Matthew Vaeth, as appellant. See Fed. R. App. P. 43(c)(2). [25-1138] (AL) [Entered: 02/11/2025 10:43 AM] |
| Public docket note: Sean P. Duffy became United States secretary of transportation on January 28, 2025. We have substituted him for Judith Kaleta , as appellant. See Fed. R. App. P. 43(c)(2). [25-1138] (AL) [Entered: 02/11/2025 10:47 AM] |
| Public docket note: Christopher Allen Wright became United States Secretary of Energy on February 3, 2025. We have substituted him for Ingrid Kolb, as appellant. See Fed. R. App. P. 43(c)(2). [25-1138] (AL) [Entered: 02/11/2025 10:50 AM] |
| Public docket note: Lee Michael Zeldin became administrator of the Environmental Protection Agency on January 29, 2025. We have substituted him for James Payne, as appellant. See Fed. R. App. P. 43(c)(2). [25-1138] (AL) [Entered: 02/11/2025 10:52 AM] |
ORDER entered by David J. Barron, Chief Appellate Judge; Lara E. Montecalvo, Appellate Judge and Julie Rikelman, Appellate Judge: On January 31, 2025, the United States District Court for the District of Rhode Island issued an order granting the plaintiffs' Motion for a Temporary Restraining Order ("TRO"). On February 6, 2025, the District Court entered a text order extending the TRO. And, on February 10, 2025, the District Court granted the plaintiffs' Motion for Enforcement of the Temporary Restraining Order ("February 10 Order"). The defendants have appealed these orders. They have also filed with this Court two motions (contained within a single document) for, respectively, (1) a stay pending appeal, which they ask us to resolve by February 14, 2025, and (2) an administrative stay pending resolution of their motion for a stay pending appeal.1 The sole motion we address in this order is the motion for an administrative stay. This Circuit has not addressed whether or when an administrative stay of the sort being requested here may be issued, and there is well-recognized uncertainty as to what standards guide the decision to issue one or not. See United States v. Texas , 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring). Here, the defendants have requested a stay pending appeal from the District Court, which has not yet ruled on their motion. See Fed. R. App. P. 8(a)(1)(A) ("A partymust ordinarily move first in the district court for... a stay of the judgment or order of a district court pending appeal...."); id. 8(a)(2)(A)(ii) (requiring, in the absence of a showing that "moving first in the district court would be impracticable," that the party moving for a stay pending appeal must "state that... the district court denied the motion or failed to afford the relief requested and state any reasons given by the district court for its action"). Moreover, a centerpiece of the dispute between the parties in this appeal concerns the proper way to construe the February 10 Order. Finally, insofar as we have jurisdiction to consider this request for an administrative stay arising out of a temporary restraining order, cf. Off. of Pers. Mgmt. v. Am. Fed'n of Gov't Emps., AFLCIO , 473 U.S. 1301, 1306 (1985) (Burger, C.J., in chambers) ("[S]ince the Court of Appeals was without jurisdiction over the appeal from the District Court's order denying the temporary restraining order, the motions panel was necessarily without authority to grant such a stay."), the defendants do not cite any authority in support of their administrative stay request or identify any harm related to a specific funding action or actions that they will face without their requested administrative stay. In these circumstances, we assume we have jurisdiction, see Doe v. Town of Lisbon , 78 F.4th 38, 44-45 (1st Cir. 2023), and deny the motion for an administrative stay without prejudice. We are confident the District Court will act with dispatch to provide any clarification needed with respect to, among other things, the defendants' contention that the February 10 Order "bars both the President and much of the Federal Government from exercising their own lawful authorities to withhold funding without the prior approval of the district court." We note in this regard the plaintiffs' statement in their Opposition to Defendants' Motion for Administrative Stay Pending Appeal that, consistent with the TRO, the February 10 Order "does not stop defendants from limiting access to funds without any 'preclearance' from the district court 'on the basis of the applicable authorizing statutes, regulations, and terms.'" The parties may file any further memoranda in support of their positions on the motion for a stay pending appeal in this court by 5:00 PM on Thursday, February 13, 2025 . [25-1138] (AL) [Entered: 02/11/2025 05:07 PM]
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| NOTICE of appearance on behalf of Appellee State of Oregon filed by Attorney Robert A. Koch, Oregon Department of Justice, Appellate Division, 1162 Court Street NE, Salem, OR 97301. Served on 02/11/2025. [25-1138] (RAK) [Entered: 02/11/2025 06:20 PM] |
| NOTICE requesting removal from the service list filed by Attorney Christina L. Beatty-Walters for Appellee State of Oregon. Served on 02/11/2025. [25-1138] (RAK) [Entered: 02/11/2025 06:29 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #98) filed by Appellants Scott Bessent, Pamela J. Bondi, Denise Carter, Patricia Collins, FEMA, Dorothy A. Fink, Cameron Hamilton, Judith Kaleta, Ingrid Kolb, Vince Micone, National Science Foundation, Kristi Noem, Sethuraman Panchanathan, James Payne, Donald J. Trump, U.S. Environmental Protection Agency, US Department of Education, US Department of Labor, US Dept of Energy, US Dept of Transportation, US Dept of the Treasury, DHS, US Office of Management and Budget, United States Department of Health and Human Services, United States Department of Justice and Matthew Vaeth. Docketing Statement, Transcript Report/Order form and Appearance form due February 24, 2025 . [25-1138] (AL) [Entered: 02/10/2025 07:09 PM] |
| NOTICE of appearance on behalf of Appellee State of New York filed by Attorney Mark S. Grube. Served on 02/10/2025. [25-1138] (MSG) [Entered: 02/10/2025 07:35 PM] |
| NOTICE of appearance on behalf of Appellants Scott Bessent, Pamela J. Bondi, Denise Carter, Patricia Collins, DHS, FEMA, Dorothy A. Fink, Cameron Hamilton, Judith Kaleta, Ingrid Kolb, Vince Micone, National Science Foundation, Kristi Noem, Sethuraman Panchanathan, James Payne, Donald J. Trump, U.S. Environmental Protection Agency, United States Department of Health and Human Services, United States Department of Justice, US Department of Education, US Department of Labor, US Dept of Energy, US Dept of the Treasury, US Dept of Transportation, US Office of Management and Budget and Matthew Vaeth filed by Attorney Daniel Tenny. Served on 02/10/2025. [25-1138] (DT) [Entered: 02/10/2025 07:50 PM] |
| NOTICE of appearance on behalf of Appellants Scott Bessent, Pamela J. Bondi, Denise Carter, Patricia Collins, DHS, FEMA, Dorothy A. Fink, Cameron Hamilton, Judith Kaleta, Ingrid Kolb, Vince Micone, National Science Foundation, Kristi Noem, Sethuraman Panchanathan, James Payne, Donald J. Trump, U.S. Environmental Protection Agency, United States Department of Health and Human Services, United States Department of Justice, US Department of Education, US Department of Labor, US Dept of Energy, US Dept of the Treasury, US Dept of Transportation, US Office of Management and Budget and Matthew Vaeth filed by Attorney Brian J. Springer. Served on 02/10/2025. [25-1138] (BJS) [Entered: 02/10/2025 07:52 PM] |
| EMERGENCY MOTION to stay FOR IMMEDIATE ADMINISTRATIVE STAY (BY 10:00 AM, FEBRUARY 11, 2025) AND STAY PENDING APPEAL filed by Appellants Scott Bessent, Pamela J. Bondi, Denise Carter, Patricia Collins, DHS, FEMA, Dorothy A. Fink, Cameron Hamilton, Judith Kaleta, Ingrid Kolb, Vince Micone, National Science Foundation, Kristi Noem, Sethuraman Panchanathan, James Payne, Donald J. Trump, U.S. Environmental Protection Agency, United States Department of Health and Human Services, United States Department of Justice, US Department of Education, US Department of Labor, US Dept of Energy, US Dept of the Treasury, US Dept of Transportation, US Office of Management and Budget and Matthew Vaeth. Served on 02/10/2025. [25-1138] (BJS) [Entered: 02/10/2025 10:01 PM] |
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