The 1st U.S. Circuit Court of Appeals rejected the Justice Department's attempt to temporarily halt a judge's order that prevents the government from implementing its funding freeze. The court found the DOJ's request lacked sufficient justification and urged them to await clarification from the district court. Both parties are expected to submit further arguments by Thursday, with the appeals court aiming to rule on the full stay request by Friday.
The 1st U.S. Circuit Court of Appeals denied the Justice Department's request to pause a judge's order while it challenges the order in court.that the"defendants do not cite any authority in support of their administrative stay request or identify any harm related to a specific funding action or actions that they will face without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."The Justice Department had sought two different kinds of pauses of U.S. District Judge John J.
"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,'" the appeals court wrote Tuesday.
It said both sides should submit further arguments on the government's request for a stay pending a full appeal by Thursday. The administration has asked the appeals court to rule on the full stay request by Friday.
“Federal law specifies how the Executive should act if it believes that appropriations are inconsistent with the President’s priorities — it must ask Congress, not act unilaterally,” he wrote. The states later contended that some of the funding was still frozen, leading McConnell to issue an order on Monday directing the government to COAST GUARD
FUNDING FREEZE JUSTICE DEPARTMENT APPEALS COURT PRESIDENTIAL POWERS FEDERAL FUNDING
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