Foreign Assistance Litigation

Judge Ali issued a decision yesterday on Plaintiffs’ motion to enforce the preliminary injunction, attached.  Here is a summary.

– The Court stated that the Government has violated the preliminary injunction by effectuating pre-2/13 terminations.

– Defendants must spend the appropriations in accordance with Congress’s appropriation statute.

– The Court does not rule on whether a pocket rescission would be illegal, but Judge Ali says he will not tolerate it as a means of circumventing the injunction.

– The Court does not order Defendants to take any other immediate steps to obligate the funds.

We expect a decision from the DC Circuit on related issues soon.

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