Huge victory for the public interest. Three cheers for Article III judicial independence, to a federal judge who was once General Counsel to the Girl Scouts and law clerk for President Trump's late older sister, Maryanne Trump Barry when she was an appellate judge. Thanks and praise to the indefatigable attorneys with the Public Integrity Project and to their CEO, lawyer Brendan Ballou. Read the full text of JUDGE JENNIFER L. ROCHON's October 11, 2026 ORDER:
Case 1:26-cv-08882-JLR Document 41 Filed 10/11/26 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
COMMON CAUSE, ROBERT HUNTER,
SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 32BJ, and EMPIRE STATE
32BJ SEIU PAC,
Plaintiffs,
-against-
DEPARTMENT OF HOMELAND
SECURITY; MARKWAYNE MULLIN,
Secretary of the Department of Homeland
Security, in his official capacity; OFFICE OF
MANAGEMENT AND BUDGET;
RUSSELL VOUGHT, Director of the Office
of Management and Budget, in his official
capacity; EXECUTIVE OFFICE OF THE
PRESIDENT; and SUSIE WILES, White
House Chief of Staff, in her official capacity,
Defendants.
Case No. 1:26-cv-08882 (JLR)
ORDER
JENNIFER L. ROCHON, United States District Judge:
Plaintiffs Common Cause, Robert Hunter (“Hunter”), Service Employees International
Union Local 32BJ (“SEIU 32BJ”), and Empire State 32BJ SEIU PAC (“Empire PAC”)
(collectively, “Plaintiffs”) bring this action against Defendants Department of Homeland
Security (“DHS”), Markwayne Mullin, Office of Management and Budget (“OMB”), Russell
Vought, Executive Office of the President, and Susie Wiles (collectively “Defendants”). See
Dkt. 1. Plaintiffs challenge the alleged use of federal appropriations of taxpayer funds to finance
a television advertisement campaign featuring President Donald Trump in the weeks before the
November 2026 midterm elections, contending that the expenditures, among other things, exceed
the purposes authorized by Congress and violate restrictions on publicity and propaganda. Now
before the Court is a motion filed by Plaintiffs Hunter, SEIU 32BJ, and Empire PAC (theCase 1:26-cv-08882-JLR Document 41 Filed 10/11/26 Page 2 of 4
“moving Plaintiffs”) on the evening of October 8, 2026, for a temporary restraining order and
stay under Section 705 of the Administrative Procedure Act (“APA”), 5 U.S.C. § 705. Dkt. 25
(“Mot.”).
The Court held an initial conference to discuss the request for immediate injunctive relief
on Friday, October 9, 2026, the morning after the motion was filed, because the moving
Plaintiffs sought relief before the weekend when the advertisements would continue to be shown.
The Court afforded the parties an opportunity to highlight or present any arguments or
information related to the motion for expedited relief. Defendants did not have any relevant
information at the conference and the Court permitted them additional time to respond to the
motion, ordering expedited briefing through the weekend and a follow-up conference on October
13, 2026. Such briefing concluded by mid-day on October 11, 2026. Dkts. 37-40.
Based on the materials provided, the Court does not require the additional conference on
October 13, 2026 and such conference is adjourned. The Court finds that (1) the present motion
is not moot, (2) there is standing to proceed, and (3) the moving Plaintiffs have demonstrated that
they are likely to succeed on the merits, will suffer irreparable harm in the absence of an
injunction, the balance of the equities tips in their favor, and an injunction serves the public
interest. A full opinion shall follow shortly. Therefore, the Court GRANTS the moving
Plaintiffs’ motion, and IT IS HEREBY:
ORDERED that under 5 U.S.C. § 705, the purchase order entered into on or about
September 20, 2026 between Customs Border Protection (“CBP”) and Lepugh, Inc., doing
business as LMD Agency, Inc., (“LMD”) (“September 20, 2026 purchase order”) is stayed,
including all future payments made thereunder; it is further
ORDERED that under 5 U.S.C. § 705, the Office of Management and Budget’s
(“OMB”) apportionment of $20 million to fund the development, creation, and/or airing of the
2Case 1:26-cv-08882-JLR Document 41 Filed 10/11/26 Page 3 of 4
advertisements covered by the September 20, 2026 purchase order, including but not limited to
The Country He Loves, Celebrating the Enduring Spirit, Final Battle, To the Great Proud People
of Iran, and Maduro (collectively “the challenged advertisements”) is stayed; it is further
ORDERED that Defendants are enjoined from using, disbursing, or transferring funds
appropriated to the Department of Homeland Security (“DHS”) to develop, create, disseminate,
place, distribute, publish, or air the challenged advertisements; and it is further
ORDERED that Defendants shall cancel or cause to be cancelled any slot, placement,
reservation, or arrangement for the airing or dissemination of the challenged advertisements,
including those placements for the evening of October 11, 2026;
ORDERED that Defendants shall not enter into, renew, or expand any agreement
authorizing the development, creation, dissemination, placement, or airing of the challenged
advertisements; and it is further
ORDERED that the foregoing instructions bind Defendants’ officers, agents, employees,
contractors, and anyone acting in concert with them. See Fed. R. Civ. P. 65(d)(2).
ORDERED that Defendants shall immediately provide a copy of this order to LMD,
under Federal Rule of Civil Procedure 65(d)(2)(C), and that LMD, as a contractor that is in
active concert and participation with Defendants, is enjoined from continuing to run or place the
challenged advertisements; and it is further
ORDERED that Defendants will file a status report within 24 hours of the entry of this
temporary restraining order and Section 705 stay, confirming compliance with this Order; and it
is further
ORDERED that this Order shall remain in effect until 14 days from today, subject to an
extension of this Court; and it is further
ORDERED that, in the Court’s discretion, Plaintiffs shall not be required to post a bond.
3Case 1:26-cv-08882-JLR Document 41 Filed 10/11/26 Page 4 of 4
This Order shall be effective as of 6:45 p.m. on October 11, 2026 and the Clerk of Court
is respectfully requested to close the motion at Dkt. 25. The Court will reschedule the October
13, 2026 conference to discuss next steps in this matter.
Dated: October 11, 2026
New York, New York
SO ORDERED.
JENNIFER L. ROCHON
United States District Judge
4
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