- within Criminal Law topic(s)
The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 17, 2025, entered a two-line per curiam order denying the U.S. Department of Justice's (DOJ) request to postpone its deadline to respond to the National Treasury Employees Union's (NTEU) request for rehearing.
As Holland & Knight previously reported, the DOJ sought an extension of its 15-day response deadline in light of the current federal government shutdown. According to the DOJ, the shutdown has not only resulted in a "lapse of appropriations," but also prohibits the DOJ "from working, even on a voluntary basis" on a response to the NTEU's petition. The DOJ requested a stay of its response deadline for the remainder of the shutdown, plus an additional 14 days – a request that would have effectively postponed judicial proceedings indefinitely.
The effect of the requested stay would have prevented the D.C. Circuit from fully considering the NTEU's petition for the full court, sitting en banc, to rehear a three-judge panel's decision vacating District Court Judge Amy Berman Jackson's preliminary injunction halting mass layoffs and further attempts at "dissolv[ing] and dismantl[ing]" the CFPB completely. While the NTEU did not object to the DOJ's request for an extension, the D.C. Circuit remained unconvinced.
It is unclear how the DOJ will proceed if the government shutdown does preclude any resources from being allocated to preparing a responsive brief, particularly given the looming Oct. 21, 2025, deadline set by the court. The D.C. Circuit's decision to request a response brief from the DOJ itself emphasized the weight the court is giving the NTEU's petition, but this recent development to advance reconsideration on an expedited basis demonstrates the degree of attention the D.C. Circuit intends to provide to this matter.
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