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Department of State v. AIDS Vaccine Advocacy Coalition

Department of State v. AIDS Vaccine Advocacy Coalition is a United States court case filed in 2025 against the second Trump administration by several non-profit organizations who were supposed to receive billions in funds from the US government.

Background

Consistent with Executive Order 14169, Secretary of State Marco Rubio "paused all U.S. foreign assistance funded by or through the State Department and" USAID.

In August 2025, Trump disclosed to the Congress that the administration would rescind nearly $5 billion in foreign assistance appropriations. The funds would have expired in less than 45 days after the disclosure. If the state department withheld the funds for the 45 days under the Impoundment Control Act, the administration would prevent the funds from being disbursed (a "pocket rescission"). A page posted to the Government Accountability Office's website in August 2025 says "A pocket rescission is illegal".

Proceedings

In February 2025, Public Citizen filed suit representing AIDS Vaccine Advocacy Coalition and Journalism Development Network. A parallel case was filed by Global Health Council and other organizations the same month. Both cases were assigned to Judge Amir Ali.

On 13 February 2025, Ali granted a request for a temporary restraining order against the freeze. On 25 February 2025, Ali ordered the administration to comply with the 13 February 2025 order by 11:59 p.m. on February 26. The administration appealed to the DC Circuit who, on 26 February 2025, dismissed the administration's appeal. On 26 February 2025, hours before the deadline, John Roberts stayed Ali's ruling. On 5 March 2025, in an unsigned order, the Supreme Court denied the administration's application for stay of the 25 February 2025 order. The Justices Alito, Gorsuch, Kavanaugh and Thomas dissented.

On 6 March 2025, Ali ordered payments be made by March 10. On 10 March 2025, Ali ordered the administration to not withhold compensation for work completed prior to 13 February 2025.

On 13 August 2025, the Court of Appeals for the D.C. Circuit said:

The Judge Florence Y. Pan dissented from the circuit's 13 August 2025 ruling. On 20 August 2025, the circuit said "the preliminary injunction that requires the government to obligate the appropriated funds remains in effect". On 28 August 2025, the circuit issued an amended decision allowing the case to proceed.

On 3 September 2025, Ali blocked the pocket rescission. The DC circuit declined to block the order.

On 9 September 2025, John Roberts partially stayed the 3 September 2025 order "for funds that are subject to the President’s August 28, 2025 recission proposal". On 26 September 2025, the court granted an application for stay by the administration: The Justices Jackson, Kagan and Sotomayor dissented.

See also

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References

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