Appeals court temporarily lifts order requiring public funding tracker reinstatement
A federal appeals court on Wednesday temporarily lifted a judge’s order requiring the Trump administration to restore a public database that shows how funding is apportioned to federal agencies.
The judge’s order was set to go into effect Thursday morning, but the U.S. Court of Appeals for the D.C. Circuit put the deadline on hold hours beforehand.
“The purpose of this administrative stay is to give the court sufficient opportunity to consider the motion for a stay pending appeal and should not be construed in any way as a ruling on the merits of that motion,” the court’s brief ruling cautions.
The D.C. Circuit will decide whether to grant a longer pause after receiving written arguments from the parties through Monday. That longer pause would last indefinitely until the appeals court resolves the case.
The three-judge D.C. Circuit panel comprised two appointees of former President Obama, Judges Patricia Millett and Cornelia Pillard, and Judge Neomi Rao, appointed by President Trump.
The administration quickly appealed after U.S. District Judge Emmet Sullivan ruled Monday that removal of the online database overseen by the Office of Management and Budget (OMB) was illegal.
Emmet found it violated two spending deals Congress passed, which require the OMB to make apportionment decisions publicly available within two business days, and another federal law.
Trump has faced bipartisan pressure to restore the tracker, but the administration contends it contains sensitive information that could pose a national security threat. The administration algo argues the requirement is unconstitutional.
“There is nothing unconstitutional about Congress requiring the Executive Branch to inform the public of how it is apportioning the public’s money,” Sullivan wrote in his 60-page opinion. ” Defendants are therefore required to stop violating the law!”
The case was brought by Citizens for Responsibility and Ethics in Washington (CREW) and Protect Democracy, which have filed various legal challenges against the administration.
The Hill has reached out to CREW and Protect Democracy for comment.