“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
Judges Naomi Rao and Greg Katsas, both nominated by Donald Trump to the DC Circuit, joined a 2-1 decision that stayed a conservative lower court ruling that had kept funds flowing to Radio Free Europe and other government-sponsored media that the Trump Administration has tried to abolish. Judge Cornelia Pillard, who was nominated by President Obama, strongly dissented in the May 2025 decision in RFE/RL Inc v Lake.
What has happened in this case?
As part of a March executive order, Donald Trump effectively abolished overseas broadcast news networks approved by Congress, including Radio Free Europe and Radio Liberty (RFE/RL), aimed at listeners in Europe, Asia and elsewhere. Grant agreements with RFE/RL were abruptly terminated, leading to a lawsuit against the Administration.
Judge Royce Lamberth, a DC district judge nominated by President Reagan, entered a temporary restraining order in favor of RFE/RL. The order required the disbursement of funds to RFE/RL as appropriated by Congress so they could continue to operate as Congress directed. The Trump Administration appealed and asked for a stay of the injunction.
How did Katsas and Rao rule and why is the result harmful?
In a 2-1 decision, Katsas and Rao granted a stay of Lamberth’s order as the litigation of the case goes forward. They maintained that the Administration is “likely to prevail” in the case.
As in a comparable case concerning Voice of America, Judge Pillard strongly dissented. She noted that Judge Lamberth had found, and the government did not contest, that the networks are “on the brink of collapse.” They are also “likely to prevail,” she explained, because as Judge Lamberth noted, the Congress and the Executive Branch had previously agreed to provide funding to RFE/RL, and the President does not have the authority to “unilaterally change course, withhold funds,” and “functionally dismantle” agencies that both branches had “jointly agreed to support” without going through the approved rescission process.
This case will continue to be litigated, in the DC Circuit and perhaps the Supreme Court. In the meantime, however, RFE/RL and their listeners will suffer significant damage. The case also illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.
UPDATE: On May 7, the full DC Circuit entered an order that granted an administrative stay of the RFE/RL order while it is reconsidered by the full court. Trump judges Rao, Katsas, and Walker, along with Judge Henderson, dissented from the 7-4 order in Middle Eastern Broadcasting Networks v United States.