Motion for Temporary Restraining Order - USAID Shutdown

Today AFGE and AFSA filed a motion for a temporary restraining order regarding the USAID shutdown. If granted, this would theoretically return agency operations to the status quo for the time being. No hearing on the motion has yet been set, but I’d expect one next week. Watch this space. Links in comments.

Edit: Hearing on the motion set for TODAY at 3pm Eastern.

Edit 2: Jordan Fischer from WUSA is live-tweeting the hearing.

Edit 3: Kyle Cheney also live-tweeting, updates are more frequent from him.

Edit 4: I’m trying to summarize tweets from journos in comments

Edit 5: Arguments concluded at 4:18, Judge has recessed for 12 mins and says he will then be back with his ruling. So, 4:30 ET.

Edit 6: A “very, very limited” TRO will be granted that applies only to 2200 employees being placed on leave tonight ?? And those being hurriedly relocated. I do not know what this means, but it does not appear that we are returning to the status quo ante (ie, the way it was before the shutdown). Because aren’t there way more than 2200 employees already on leave? Will need to read the order.

Edit 7: Order is out. Forgive me, it’s late and I have only skimmed. But it appears that all direct hires who have been put on admin leave or were set to be put on admin leave at midnight are to be reinstated to full duty until Feb. 14. A hearing on a broader injunction about the legality of dismantling USAID is scheduled for February 12. This temporary restraining order basically just returns all of you to duty until then. And it also prevents the gov from evacuating overseas direct hires until Feb 14.

Now, if you are a contractor, I’m afraid this does not apply to you. The court specifically declines to issue a restraining order with respect to Sec Rubio’s order to freeze funding for future payments.

TL;DR: Direct hires are temporarily back on duty until Feb 14, contractors are not, a hearing on the broader merits of the legality of the agency shutdown is scheduled for Feb 12.

It is possible I’m not reading this exactly perfectly so if someone reads the order differently, please say so.

Link to order: https://storage.courtlistener.com/recap/gov.uscourts.dcd.277213/gov.uscourts.dcd.277213.15.0_3.pdf