# Department of State v. AIDS Vaccine Advocacy Coalition
Supreme Court emergency order of **September 26, 2025** (No. 25A269) that let the administration's first pocket rescission stand. By a **6–3** vote in an unsigned order, the Court stayed a district-court injunction that had required the government to obligate foreign-aid funds, allowing roughly **$4 billion** of the **$4.9 billion** in the August 2025 rescission request to lapse at the end of the fiscal year four days later.
The order's reasoning: the government had made a sufficient early showing that the [[Impoundment Control Act]] **precludes private parties from suing** under the Administrative Procedure Act to enforce appropriations, and that mandamus was unavailable. [[Elena Kagan]], joined by [[Sonia Sotomayor]] and [[Ketanji Brown Jackson]], dissented.
The Court said the order "should not be read as a final determination on the merits." For money with an expiration date, that caveat does no work: once the fiscal year closes, the funds are gone whatever a later merits ruling says. That is what makes the case a [[Shadow Docket]] ruling with permanent effect.
Exactly one year later, on September 26, 2026, the administration sent its second pocket rescission — this time four days before fiscal year end rather than a month.
See [[Rescission and Impoundment]] · [[Power of the Purse]] · [[Russell Vought]] · [[United States Agency for International Development]].
> [!note] Stub — fill out
> Created 2026-09-29 during the pocket-rescission update to [[Rescission and Impoundment]]. Still needed: Kagan's dissent in her own words, the district-court and D.C. Circuit history, and the companion *Global Health Council v. Trump* litigation.