National Council of Nonprofits v. OMB
Legal Issues
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Overview
Overview
The government appealed Judge Alikhan's preliminary injunction which blocks the White House Office of Management and Budget from pausing all agency grants.
The Issue
Issue
Whether the district court properly applied preliminary injunction standards in blocking OMB's authority to pause all federal agency grants.
The Rules
Rule
A preliminary injunction requires: (1) likelihood of success on the merits, (2) likelihood of irreparable harm absent relief, (3) balance of equities favoring the plaintiff, and (4) that the injunction serves the public interest. The analysis implicates questions of executive authority over federal appropriations and spending authority.
The Application
Analysis
The National Council of Nonprofits established it would likely succeed on merits challenging the freeze, that members face irreparable harm from loss of grant funding, and that the public interest favors continued grant access. The government appeals, arguing the district court improperly constrained executive control over federal spending.
The Conclusion
Conclusion
The D.C. Circuit appeal is active with the preliminary injunction currently in effect, blocking the funding freeze pending appellate resolution of the district court's injunction.
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