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Wednesday, September 10, 2025

Senator Eric Schmitt comments on D.C. Circuit ruling regarding NGO standing in fund freeze case

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Senator Eric Schmitt | U.S. Senator Eric Schmitt

Senator Eric Schmitt | U.S. Senator Eric Schmitt

Senator Eric Schmitt, a U.S. Senator representing Missouri, posted a series of updates on August 13, 2025, regarding recent court decisions related to the Trump Administration's freezing of federal funds.

In his first post, Schmitt stated that "DC District Judge Amir Ali entered a temporary restraining order against the Trump Administration's freezing of the funds." (August 13, 2025).

Schmitt continued in a subsequent tweet: "Instead, the only person with the right to sue is the Comptroller General. He has a statutory right to sue under the Impoundment Control Act—the same law that gave us the authority to rescind appropriated monies, a historic effort that I led last month." (August 13, 2025).

In his final post on the subject, Schmitt reported on further legal developments: "The case made its way back up to the D.C. Circuit, which today REVERSED Judge Ali and held the plaintiff NGOs had NO viable cause of action under the Constitution, the APA, or as an ultra vires claim. In other words, the NGOs have no right to sue." (August 13, 2025).

The Impoundment Control Act grants Congress oversight over executive actions involving federal funds and gives specific standing for legal challenges primarily to government officials such as the Comptroller General. This context explains why Schmitt emphasizes that only certain parties can bring lawsuits under this statute.

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