National Treasury Employees Union v. Russell Vought

U.S. Court of Appeals for the D.C. Circuit

National Treasury Employees Union v. Russell Vought

Opinion

                 United States Court of Appeals
                             FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                      ____________
No. 25-5091                                                 September Term, 2024
                                                                       1:25-cv-00381-ABJ
                                                       Filed On: April 11, 2025
National Treasury Employees Union, et al.,

              Appellees
       v.

Russell T. Vought, in his official capacity as
Acting Director of the Consumer Financial
Protection Bureau and Consumer Financial
Protection Bureau,

              Appellants


       BEFORE:       Pillard, Katsas, and Rao, Circuit Judges

ORDER

      Upon consideration of the emergency motion for a stay pending appeal, the
response thereto, and the reply; the emergency motion to strike, the response thereto,
and the reply; and in light of the governing legal standard, see Nken v. Holder, 
556 U.S. 418
 (2009), it is

       ORDERED that the motion to strike be denied. See Stabilisierungsfonds Fur
Wein v. Kaiser Stuhl Wine Distributors Pty. Ltd., 
647 F.2d 200, 201
 (D.C. Cir. 1981)
(per curiam). It is

       FURTHER ORDERED that the district court’s March 28, 2025 order granting
appellees’ motion for a preliminary injunction is stayed in part pending appeal.

      Provision two (2) is stayed insofar as it requires defendants to reinstate
employees whom defendants have determined, after an individualized assessment, to
be unnecessary to the performance of defendants’ statutory duties.

        Provision three (3) is stayed insofar as it prohibits defendants from terminating or
issuing a notice of reduction in force to employees whom defendants have determined,
after a particularized assessment, to be unnecessary to the performance of defendants’
statutory duties.

       The court understands provision four (4) to allow work stoppages that
                  United States Court of Appeals
                             FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                        ____________
No. 25-5091                                                 September Term, 2024

defendants have determined, after a particularized assessment, would not interfere with
the performance of defendants’ statutory duties. On that understanding, provision four
(4) remains in effect.

       Provision eight (8) is stayed.

       All other provisions of the preliminary injunction remain in full effect pending
further order of the court. It is

       FURTHER ORDERED, on the court’s own motion, that this appeal be expedited.
The following briefing schedule will apply:

       Appellants’ Brief                                              April 25, 2025

       Appendix                                                       April 25, 2025

       Appellees’ Brief                                                 May 9, 2025

       Appellants’ Reply Brief                                         May 13, 2025

       The Clerk is directed to calendar this case for oral argument on May 16, 2025, at
2:00 p.m.

       Appellants should raise all issues and arguments in the opening brief. The court
ordinarily will not consider issues and arguments raised for the first time in the reply
brief.

       To enhance the clarity of their briefs, the parties are urged to limit the use of
abbreviations, including acronyms. While acronyms may be used for entities and
statutes with widely recognized initials, briefs should not contain acronyms that are not
widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 43-44
(2024); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

       Parties are strongly encouraged to hand deliver the paper copies of their briefs to
the Clerk’s office on the date due. Filing by mail may delay the processing of the brief.
Additionally, counsel are reminded that if filing by mail, they must use a class of mail




                                           Page 2
                 United States Court of Appeals
                            FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                      ____________
No. 25-5091                                                September Term, 2024

that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs
and appendices must contain the date that the case is scheduled for oral argument at
the top of the cover. See D.C. Cir. Rule 28(a)(8).

                                       Per Curiam

                                                         FOR THE COURT:
                                                         Clifton B. Cislak, Clerk

                                                 BY:     /s/
                                                         Lynda M. Flippin
                                                         Deputy Clerk




                                          Page 3


Reference

Status
Published