Cases & Developments

Memorandum Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs, the State of Maryland, the State of Delaware, the State of California, the State of Colorado, the State of Arizona, the State of Connecticut, the District of Columbia, the State of Hawai‘i, the State of Illinois, the Office of the Governor in his official capacity as Governor of the Commonwealth of Kentucky, the State of Maine, the Commonwealth of Massachusetts, People of the State of Michigan, the State of Minnesota, the State of Nevada, the State of New Jersey, the State of New Mexico, the State of New York, the State of North Carolina, the State of Oregon, Josh Shapiro in his official capacity as Governor of the Commonwealth of Pennsylvania, the State of Rhode Island, the State of Vermont, the State of Washington, and the State of Wisconsin filed a complaint on April 29, 2025, against the Corporation for National and Community Service, operating as AmeriCorps, and Jennifer Bastress Tahmasebi, in her official capacity as Interim Head of the Corporation for National and Community Service, alleging they have acted unlawfully by attempting to dismantle AmeriCorps, an independent agency of the federal government since 1993. The court found that defendants failed to engage in notice-and-comment rulemaking before making significant changes to service delivery, which resulted in irreparable harm to the plaintiff states. Thus, it granted preliminary injunctive relief to the plaintiffs, and enjoined defendants from enforcing the April 15, 2025, removal of National Civilian Community Corps (“NCCC”) members from service; and the April 25, 2025, termination of grants, instruction to grant recipients to cease all award activities, removal of Volunteers in Service to America (“VISTA”) members from projects, and requirement that AmeriCorps members’ activities cease. Additionally, the Court required defendants to restore the affected AmeriCorps programs in the plaintiff states to the status quo that existed prior to the April 15, 2025, communication regarding NCCC, and the April 25, 2025, terminations, by reinstating terminated grants, and returning to service the AmeriCorps and VISTA members who were serving on those programs. Finally, the Court required defendants to comply with the notice-and-comment requirement in Further Consolidated Appropriations Act, 2024, before making any significant changes in service delivery. It denied the request in all other respects, reasoning that the alleged harm does not satisfy the injury-in-fact requirement for standing as an anticipated delay in adjudicating grant applications due to the loss of staff, on its own, in not a concrete harm. The preliminary injunction shall remain in effect until further order from the Court.

The Council for Advancement and Support of Education (CASE) launched their new resource, Alumni for Higher Ed. The webpage is a strategic hub for institutions of higher education intended to specifically channel alumni passion into purposeful advocacy. The webpage offers legislative updates, customizable messaging templates, and links to ACE’s direct advocacy page.  

Complaint for Declaratory and Injunctive Relief. Plaintiffs, the State of Maryland, the State of Delaware, the State of California, the State of Colorado, the State of Arizona, the State of Connecticut, the District of Columbia, the State of Hawai‘i, the State of Illinois, the Office of the Governor in his official capacity as Governor of the Commonwealth of Kentucky, the State of Maine, the Commonwealth of Massachusetts, People of the State of Michigan, the State of Minnesota, the State of Nevada, the State of New Jersey, the State of New Mexico, the State of New York, the State of North Carolina, the State of Oregon, Josh Shapiro in his official capacity as Governor of the Commonwealth of Pennsylvania, the State of Rhode Island, the State of Vermont, the State of Washington, and the State of Wisconsin allege that defendants, the Corporation for National and Community Service, operating as AmeriCorps, and Jennifer Bastress Tahmasebi, in her official capacity as Interim Head of the Corporation for National and Community Service, have acted unlawfully by attempting to dismantle AmeriCorps, an independent agency of the federal government since 1993. Plaintiffs allege that defendants initiated efforts to dismantle AmeriCorps by releasing members and volunteers, placing most agency staff on administrative leave in anticipation of terminations, and cancelling contracts and grants, ultimately resulting in 85% of its paid staff being on administrative leave; issued Reduction in Force (RIF) notices; and notified State Service Commissions that nearly $400 million of AmeriCorps programs were immediately terminated stating that their programs “no longer effectuated agency priorities” and that all award activities should cease immediately. Plaintiffs allege that defendants violated the Administrative Procedure Act (APA) by acting contrary to law by closing AmeriCorps programs en masse and terminating the staff and resources AmeriCorps needs to carry out its mission and did so without a legitimate or legal basis. Plaintiffs additionally allege defendants violated the APA when they failed to meet statutory public notice and comment rulemaking requirements. Plaintiffs also posit that defendants’ actions are both arbitrary and capricious in violation of the APA, as they provided no reasoned explanation for their decision; failed to consider their legitimate reliance interests of States, grantees, the public, and other interested entities; failed to conduct statutorily mandated hearings during which those interests may have been presented; failed to consider reasonable alternatives; and failed to weigh the purported benefits against the costs. Plaintiffs claim defendants’ actions are ultra vires and violated Separation of Powers, stating that as Congress created AmeriCorps and the programs it administers, the Executive cannot incapacitate AmeriCorps from carrying out statutorily assigned duties by terminating the staff it needs to accomplish its mission and by cutting approximately $400 million worth of AmeriCorps programs already funded by Congressional appropriations, which violates Constitutional and statutory mandates, contravenes Congressional intent, and was unlawful. Plaintiffs ask that the Court (1) declare that the decision to dismantle AmeriCorps and actions taken to effectuate it are unlawful and/ or unconstitutional because they violate the APA and/or the U.S. Constitution; (2) postpone the effective date of the decision to dismantle AmeriCorps and actions taken to effectuate it; (3) vacate the decision to dismantle AmeriCorps and actions taken to effectuate it; and (4) preliminary and permanently enjoin defendants from effectuating the decision to dismantle AmeriCorps.