Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition
This event was hosted by The Federalist Society. For more information, visit the event page on their website.
Over the past couple of weeks, there have been several developments in the litigation surrounding the Trump Administration’s directives pausing disbursements of foreign development assistance funds.
On February 25, 2025, a D.C. District judge ordered the Administration to issue a portion of the payments that it had previously sought to pause by the next day (that is, by 11:59 p.m. on February 26). The Trump Administration appealed to the Supreme Court requesting an administrative stay, which the Chief Justice granted on a temporary basis as the application was referred to the full Court. On March 5, 2025, a 5-4 Court vacated the stay granted by the Chief Justice, leaving in place the February 25 order (though it noted the deadline stated therein had passed and the lower court needed to give clarity as to the requirements that still remained for the Government) and the initial February 13 temporary restraining order which initially enjoined the Administration from enforcing its earlier directives to pause all aid payments.
Join The Federalist Society for a litigation update on this case as we discuss the various orders, the move by the Court to vacate the stay, and what may happen next.
Featuring:
Erin M. Hawley, Senior Counsel, Vice President of Center for Life & Regulatory Practice, Alliance Defending Freedom
Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley; Distinguished Visiting Scholar, School of Civic Leadership, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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What’s Wrong with a Military Campaign Against the Drug Trade
Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.
The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
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Does Federal Law Extend to Portlandia?
Blue state leaders have decided to make a stand — against the President, not the violent rioters in the streets.
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Creed, Culture, and American Memory
Even immigrants who shared neither descent nor language nor culture nor religion could find a way to participate in the sense of America, not merely as an idea, but as a home, as a place where they could be “born again.”
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