Sunday, February 23, 2025

In DC Case 25-400, The AIDS Advocacy / Relief Groups Have Won -- Again: The TRO Means What It Says. Sit Down, Elon & Trumpie.


As the below opinion and order makes clear (since it was handed down on a Saturday!) -- the patience of the able USDC Judge Amir Ali in DC is wearing thin. Tangerine 2.0 lawyers keep re-raising matters already decided -- as the law of the case. He is having none of it.

He denied a motion for reconsideration, and said again that the order he entered was clear: the AIDS charity funds must be reimbursed, and begin flowing again, immediately:

. . .To begin with, and as the Court has already reiterated once, “to the extent Defendants have continued the blanket suspension [of funds], they are ordered to immediately cease it and to take all necessary steps to honor the terms of contracts, grants, cooperative agreements, loans, and other federal foreign assistance awards that were in existence as of January 19, 2025, including but not limited to disbursing all funds payable under those terms.” Glob. Health, ECF No. 28 at 5. That temporary emergency relief was to restore the status quo as it existed before Defendants’ blanket suspension of congressionally appropriated funds pending a comprehensive review, given Plaintiffs’ strong showing of irreparable harm and that Defendants’ blanket suspension of funds was likely arbitrary and capricious under the Administrative Procedure Act (APA). See id. at 2; Glob. Health, ECF No. 21 at 5–13. Defendants’ instant motion does not contest or rebut Plaintiffs’ irreparable harm showing and does not contest or rebut the Court’s finding that the agency action here was arbitrary and capricious under the APA. . . .

[To] date, [Team Tangerine 2.0] Defendants have not adduced any evidence of waste, fraud, or abuse aside from conclusory statements from a declarant who has “serious questions” about these topics. Glob. Health, ECF No. 25-1 at 2. Even in asserting the argument now, Defendants do not explain how it would bear on the reasons for granting the TRO, including Plaintiffs’ showing of irreparable harm and their likelihood of success in showing that the blanket suspension violated the APA. . . .


Trump loses -- as does Musk -- at every turn, largely because they cannot comprehend (or more precisely, lack the patience) to go through the careful APA (statutorily) mandated processes, to change domestic spending priorities.

Or, they won't even try to seek a new act of Congress to do it, either (as they know not even all GOP members would vote for such a measure). But that's all good for those of us who still believe that America is wealthy enough to take care of all of our basic health care needs -- regardless of ability to pay. What a strenge strange time -- but do not let their chaos wear you down -- or dissuade you from doing what is right. Onward.

Onward.

नमस्ते

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