United States Court of Appeals
                                 FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                          ____________
No. 25-5097                                                     September Term, 2024
                                                                         1:25-cv-00400-AHA
                                                                         1:25-cv-00402-AHA
                                                           Filed On: August 28, 2025
Global Health Council, et al.,

                  Appellees

         v.

Donald J. Trump, in his official capacity as
President of the United States of America, et
al.,

                  Appellants


------------------------------

Consolidated with 25-5098


         BEFORE:           Henderson, Katsas, and Pan, Circuit Judges

ORDER

      It is ORDERED, on the court’s own motion, that the majority opinion issued
August 13, 2025, be amended as follows:

        1)     Slip Op., p. 5, lines 13-18: Delete: "Nor do the grantees have a cause of
action under the APA because APA review is precluded by the Impoundment Control
Act (ICA). And the grantees may not reframe this fundamentally statutory dispute as an
ultra vires claim either. Instead, the Comptroller General may bring suit as authorized
by the ICA." and

Insert in lieu thereof: "Nor do the grantees have a cause of action to enforce the
Impoundment Control Act (ICA) through the APA, because the ICA precludes such
review. And the grantees may not reframe this fundamentally statutory dispute as an
ultra vires claim either."

       2)      Slip Op., p. 11, line 32, through p. 12, line 1: Delete: "The court
additionally rejected the government's arguments that the grantees cannot bring a
freestanding constitutional claim and that the ICA precludes the grantees from bringing
an impoundment suit under the APA. Id. at 148 n.17." and
                 United States Court of Appeals
                             FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                      ____________
No. 25-5097                                                 September Term, 2024

Insert in lieu thereof: "The court additionally rejected the government's arguments that
the grantees cannot bring a freestanding constitutional claim and that the ICA precludes
the grantees from suing under the APA to enforce the ICA. Id. at 148 n.17."

       3)     Slip Op., p. 20, n.11: Delete: "The dissent characterizes our position as
claiming that "if the Executive asserts both constitutional and statutory authority to
validate his conduct, the court may characterize the whole dispute as statutory." and

Insert in lieu thereof: "The dissent characterizes our position as claiming that "if the
President asserts both constitutional and statutory authority to validate his conduct, the
court may characterize the whole dispute as statutory."

        4)      Slip Op., p. 25, lines 2-12: Delete: "In passing, the district court rejected
the government's argument that the ICA precludes the grantees from bringing suit
under the APA to enforce its provisions. AVAC II, 770 F. Supp. 3d at 148 n.17. At oral
argument, the grantees did not concede that they cannot enforce the alleged statutory
violations if their constitutional claim falls under Dalton, asserting instead that they
would then be enforcing the 2024 Appropriations Act. Thus, we proceed to this
alternative cause of action." and

Insert in lieu thereof: "In passing, the district court rejected the government's argument
that the ICA precludes the grantees from bringing suit under the APA to enforce its
provisions. AVAC II, 770 F. Supp. 3d at 148 n.17. We thus turn to the question
whether the grantees may bring an APA claim alleging that the defendants have acted
contrary to law by violating the ICA."

        5)     Slip Op., p. 27, lines 17-21: Delete: "As in Block, it does not make sense
that the Congress would craft a complex scheme of interbranch dialogue but sub
silentio also provide a backdoor for citizen suits at any time and without notice to the
Congress of the alleged violation." and

Insert in lieu thereof: "As in Block, it does not make sense that the Congress would craft
a complex scheme of interbranch dialogue but sub silentio also provide a backdoor for
citizen suits to enforce the ICA at any time and without notice to the Congress of the
alleged violation."

      6)     Slip Op., p. 27, lines 27-28: Delete: "But that does not mean that any
aggrieved party may initiate litigation." and

Insert in lieu thereof: "But that does not mean that any aggrieved party may initiate
litigation to enforce the ICA itself."

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                 United States Court of Appeals
                            FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                      ____________
No. 25-5097                                                September Term, 2024

       7)     Slip Op., p. 29, lines 10-14: Delete: "To find that section 681(3) supports
reading in a private cause of action, one would have to selectively ascribe meaning to
the deletion of the House's limiting language from the final bill but not to the omission of
the Senate's explanatory language from the Conference Report." and

Insert in lieu thereof: "To find that section 681(3) supports reading in a private cause of
action to enforce the ICA, one would have to selectively ascribe meaning to the deletion
of the House's limiting language from the final bill but not to the omission of the
Senate's explanatory language from the Conference Report."

      8)      Slip Op., p. 29, lines 15-16: Delete: "Accordingly, the grantees have no
cause of action to undergird their APA contrary-to-law claim." and

Insert in lieu thereof: "Accordingly, the grantees have no cause of action to undergird
their claim that the defendants have acted contrary to law by violating the ICA."

         9)     Slip Op., p. 29, n.17: Delete: "Because the statutory scheme bars the
grantees from bringing suit under the APA, there is no need to reach the government's
argument that the grantees fall outside the statute's zone of interests or whether it is
forfeit for not having been raised in district court." and

Insert in lieu thereof: "The grantees' contrary-to-law claims were based on a variety of
substantive provisions, including the 2024 Appropriations Act. The district court
appears to have limited its APA preclusion holding to the ICA, AVAC II, 770 F. Supp. 3d
at 148 n.17, so we need not and do not decide whether the ICA precludes suits under
the APA to enforce appropriations acts. And because the ICA's statutory scheme bars
the grantees from bringing suit under the APA to enforce the ICA, there is no need to
reach the government's argument that the grantees fall outside the ICA's zone of
interests or whether the argument is forfeit for not having been raised in district court."

        10)   Slip Op., p. 31, n.18: Delete: "As explained above, we conclude that the
ICA precludes review of any APA challenge by the grantees to the Executive's refusal
to obligate funds at least while the ICA's statutory processes run their course. To the
extent that APA review may be available afterwards, that would provide an alternative
procedure for review and thereby independently foreclose the grantees' ultra vires
claim." and

Insert in lieu thereof: "As explained above, we conclude that the grantees lack a cause
of action to enforce the ICA at least while the ICA's statutory processes run their
course. To the extent that APA review may be available afterwards or on the basis of
another statutory provision, that would provide an alternative procedure for review and

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                  United States Court of Appeals
                              FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                         ____________
No. 25-5097                                                  September Term, 2024

thereby independently foreclose the grantees' ultra vires claim."

       It is FURTHER ORDERED, on the court’s own motion, that the dissenting
opinion issued August 13, 2025, be amended as follows:

       1)      Slip Op., p. 5, line 9: Delete: "524 U.S 417" and

Insert in lieu thereof: "

"

       2)      Slip Op., p. 8, line 10: Delete: "(Jackson, J. concurring)" and

Insert in lieu thereof: "(Jackson, J., concurring)"

       3)     Slip Op., p. 22, lines 16-19: Delete: "They conclude that the grantees do
not state a constitutional cause of action and merely allege a statutory violation of the
Impoundment Control Act that only the Comptroller General can litigate in federal
court." and

Insert in lieu thereof: "They conclude that the grantees do not state a constitutional
cause of action and merely allege a statutory violation of the Impoundment Control Act."

       4)      Slip Op., p. 27, line 6: Delete: "Id. at 17-18" and

Insert in lieu thereof: "Id. at 16-17"

       5)     Slip Op., p. 28, n.4, lines 1-3: Delete: "My colleagues also address two
"alternative cause[s] of action": a contrary-to-law claim under the APA, and an ultra
vires claim, which is not raised in the government's opening brief." and

Insert in lieu thereof: "My colleagues also address two "alternative cause[s] of action": a
contrary-to-law claim under the ICA and the APA, and an ultra vires claim, which is not
raised in the government's opening brief."

       6)     Slip Op., p. 28, n.4, line 17: Insert: "In any event, the majority leaves open
the grantees' APA claims based on the Appropriations Act. See Maj. Op. 29 n.17. The
grantees therefore are free to pursue that claim on remand. Moreover, the majority's
discussion of the grantees' ultra vires claim addresses only the ICA. Maj. Op. 31."

       7)      Slip Op. p. 29, n.5, line 3: Delete: "Maj. Op. 19-20" and

Insert in lieu thereof: "Maj. Op. 18-19"

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                  United States Court of Appeals
                               FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                        ____________
No. 25-5097                                                   September Term, 2024

       8)      Slip Op., p. 29, n. 5, line 23: Delete: "561 U.S. at 487 n.2" and

Insert in lieu thereof: "561 U.S. at 487 n.2."

       9)      Slip Op., p. 36, lines 4-5: Delete: "Id. at 17-18." and

Insert in lieu thereof: "Id. at 18."

       10)   Slip Op., p. 37, lines 10-14: Delete: "I also disagree with the majority's
suggestion that the grantees assert a mere violation of the Impoundment Control Act
that should be addressed by the Comptroller General. See Maj. Op. 5 ("Instead, the
Comptroller General may bring suit as authorized by the [Impoundment Control Act].")."
and

Insert in lieu thereof: "I also disagree with the majority's suggestion that the grantees
assert a mere violation of the Impoundment Control Act. See Maj. Op. 5."

        11)    Slip Op., p. 46 lines 10-14: Delete: "Today, a President defies laws
enacted by Congress without any legal basis, and the court holds that he has merely
violated a statute, that the Constitution is not even implicated, and that there is no
judicially enforceable cause of action to challenge his conduct." and

Insert in lieu thereof: "Today, a President defies laws enacted by Congress without any
legal basis, and the court holds that he has merely violated a statute, that the
Constitution is not even implicated, and that there is no cause of action to challenge the
constitutionality of his conduct."

      The Clerk is directed to issue the amended opinion and to amend the judgment
issued August 13, 2025. The Clerk is further directed to issue the mandate forthwith.

                                          Per Curiam


                                                            FOR THE COURT:
                                                            Clifton B. Cislak, Clerk

                                                    BY:     /s/
                                                            Daniel J. Reidy
                                                            Deputy Clerk



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