← All Cases Coverage by Bryan K. Randolph · BrynoDC

National Endowment for Democracy v. United States (Appeal Injunction 2025)

No. 25-5361 Circuit · Active

14th Amendment anti-impoundment doctrine Appropriations/impoundment Fourteenth Amendment citizenship clause National Endowment for Democracy Act Separation of powers Tenth Amendment birthright citizenship mootness preliminary injunction

Legal Issues

14th Amendmentanti-impoundment doctrineAppropriations/impoundmentFourteenth Amendment citizenship clauseNational Endowment for Democracy ActSeparation of powersTenth Amendmentbirthright citizenshipmootnesspreliminary injunction

BrynoDC Coverage 4 videos

TikTok

#onthisday

Mar 19, 2026

YouTube

Aloha Friday | DOJ Staffing Crisis, Congress and Epstein, and DOJ loses one | Morning Report 1/23/26

Jan 23, 2026

YouTube

TikTok

081325 - 8/13/25 Four big federal cases yesterday: DOJ Delays again, blocked f...

Aug 13, 2025

Substack

TikTok

073125 - 7/31/25 #morningreport on federal court cases over the last day or so...

Jul 31, 2025

Substack

The Law · How the Case Works

Overview

The government appealed Judge Friedrich's order granting a preliminary injunction which prevents the Trump administration from withholding or otherwise interfering with the remaining 2025 funds appropriated to NED.

The Issue

Issue

Whether the President may freeze or withhold congressionally appropriated foreign aid funds designated for the National Endowment for Democracy without explicit legislative authorization.

The Rules

Rule

The Antideficiency Act prohibits agencies from obligating funds except as authorized by law; preliminary injunctive relief requires likelihood of success on the merits, irreparable harm, and equities favoring the plaintiff.

The Application

Analysis

Judge Friedrich found NED likely to succeed on its Antideficiency Act claim that the funding freeze violated Congress's appropriations authority, and that maintaining the status quo pending appeal was warranted to prevent irreparable harm.