25 5144 Patsy Widakuswara V Kari Lake 25 5145 Michael Abramowitz V Kari

Key Facts

Transaction Type

Issues

• The court evaluated the government's motion for a stay pending appeal in cases 25-5150 and 25-5151. It concluded the government failed to demonstrate a 'strong showing' of likelihood of success on the merits, especially regarding its jurisdictional argument. Additionally, the balance of harms favored the grantee networks, as suspending monthly payments would threaten their viability. The en banc court granted rehearing to vacate the stay, citing the government's inability to meet procedural and evidentiary standards for such relief.
• The primary issue centered on the jurisdictional authority of the district court versus the Court of Federal Claims under the Tucker Act to adjudicate contract claims involving federal funding. The government argued that the district court lacked jurisdiction to compel continued payments to Radio Free Asia and Middle East Broadcasting Networks, asserting these matters should be resolved in the Court of Federal Claims. The court denied en banc rehearing for this issue, deferring to the panel's initial determination but acknowledging the recurring nature of jurisdictional disputes in similar cases.
• The appellee networks claimed irreparable injury if the stay were maintained, asserting that suspension of federal grants would render them unable to operate effectively. The court acknowledged this harm, noting the government's failure to contest these claims. Conversely, the government argued it would suffer irreparable harm by potentially losing funds if the networks prevailed on appeal. However, the court found the government's position insufficient, as it did not establish a likelihood of success on the merits to justify the stay.

Holdings

• The court granted the motion for en banc reconsideration and vacatur in Nos. 25-5150 and 25-5151, and denied the government's motion for stay pending appeal. The government failed to meet the stringent requirements for a stay pending appeal, as it did not demonstrate a strong showing of likelihood of success on the merits of its appeals. The jurisdictional argument raised by the government is noted to be important but not sufficient to justify the stay at this stage.
• The court denied the motion for en banc reconsideration and vacatur in No. 25-5144. Appellees' asserted injuries from the May 3, 2025 order were deemed derivative of the suspension of monthly grant payments to Radio Free Asia, which had already been addressed by the court's grant of en banc reconsideration and vacatur in No. 25-5151.
• The court denied the motion for en banc reconsideration and vacatur in No. 25-5145. The en banc court's May 22, 2025 order had already denied the relief requested by the appellees related to provision (1) of the district court's preliminary injunction in No. 25-5144, and the appellees state that this case raises no question pertaining to provision (2) of that preliminary injunction.
• The court dissolved the May 7, 2025 administrative stay for Nos. 25-5144, 25-5150, and 25-5151. The stay was lifted following the en banc court's decisions on the motions for reconsideration and vacatur in those cases.

Remedies

• FURTHER ORDERED, on the court's own motion, that the parties submit within 7 days of the date of this order a proposed schedule and format for the briefing of the above-captioned cases on an expedited basis. The court emphasizes avoiding repetitious submissions and requires detailed justifications for exceeding standard word limits.
• FURTHER ORDERED that the motion for en banc reconsideration and vacatur in No. 25-5144 be denied. Appellees' asserted injuries are entirely derivative of the suspension of monthly grant payments to Radio Free Asia, which is addressed by the grant of en banc reconsideration and vacatur in No. 25-5151.
• ORDERED that the motion for en banc reconsideration and vacatur in No. 25-5145 be denied. The en banc court's May 22, 2025 order denied the relief requested by the appellees related to provision (1) of the district court's preliminary injunction challenged in No. 25-5144.
• FURTHER ORDERED that the above-captioned cases be scheduled for oral argument on the same day and before the same panel.
• FURTHER ORDERED that the May 7, 2025 administrative stay entered by the en banc court as to Nos. 25-5144, 25-5150, and 25-5151 be dissolved.
• FURTHER ORDERED that, in Nos. 25-5150 and 25-5151, the motion for en banc reconsideration and vacatur be granted and the government's motion for stay pending appeal be denied. A majority of the judges eligible to participate voted in favor of the motion for en banc reconsideration and vacatur.

Legal Principles

Precedent Name

• Department of Education v. California
• Nken v. Holder

Cited Statute

Judge Name

• Srinivasan
• Millett
• Henderson
• Wilkins
• Pillard
• Pan
• Childs
• Rao
• Katsas
• Garcia
• Walker

Passage Text

• the government has not made the requisite 'strong showing' of a likelihood of success on the merits of its appeals in these cases, Nken, 556 U.S. 418, 434 (2009); D.C. Circuit Handbook of Practice and Internal Procedures 33 (2024).
• In granting a stay pending appeal, the Supreme Court concluded that the government was likely to succeed on its Tucker Act argument that the district court lacked jurisdiction. See id. at 968-69.
• appellees' asserted injuries are entirely derivative of the suspension of monthly grant payments to Radio Free Asia. See Pet., No. 25-5144, at 15-16. This order's grant of en banc reconsideration and vacatur in No. 25-5151 addresses those asserted injuries.

Damages / Relief Type