Tuesday, November 10, 2026

Read November 10, 2026 U.S. Court of Appeals for D.C. decision in VOA Director MICHAEL ABRAMOWITZ v. KARI LAKE, senior advisor to acting CEO of U.S. Agency for Global Media, et al

Read U.S. Court of Appeals for District of Columbia Circuit unanimous ruling upholding District Court order about KARI LAKE's illegal firing of Voice of America Director MICHAEL ABRAMOWITZ.


United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Argued April 23, 2026 Decided November 10, 2026

No. 25-5314

MICHAEL ABRAMOWITZ, IN HIS OFFICIAL CAPACITY AS

DIRECTOR OF VOICE OF AMERICA, ET AL.,

APPELLEES

v.

KARI LAKE, IN HER OFFICIAL CAPACITY AS SENIOR ADVISOR

TO THE ACTING CEO OF THE UNITED STATES AGENCY FOR

GLOBAL MEDIA, ET AL.,

APPELLANTS

Appeal from the United States District Court

for the District of Columbia

(No. 1:25-cv-00887)

Elizabeth T. Hedges, Attorney, U.S. Department of

Justice, argued the cause for appellants. With her on the briefs

were Brett A. Shumate, Assistant Attorney General, Yaakov M.

Roth, Principal Deputy Assistant Attorney General, and John

Bailey and Abigail Stout, Attorneys.

William B. Schultz argued the cause for appellees. On the

brief were Jacobus P. van der Ven and Brian J. Beaton, Jr.

Margaret Dotzel entered an appearance.2

Before: SRINIVASAN, Chief Judge, PILLARD and PAN,

Circuit Judges.

Opinion for the Court filed by Circuit Judge PILLARD.

PILLARD, Circuit Judge: Seeking to preserve the

journalistic integrity of the news broadcasters within the U.S.

Agency for Global Media, Congress empowered a separate

agency, the International Broadcasting Advisory Board, with

final authority over the hiring and firing of the broadcasters’

heads-of-network. The leaders of the Agency for Global Media

ignored that statute when they attempted unilaterally to fire

Michael Abramowitz, the head of Voice of America.

Abramowitz sued, and the district court permanently enjoined

the Agency for Global Media from removing Abramowitz

without the International Broadcasting Advisory Board’s

approval.

We affirm the injunction. The district court had

jurisdiction to enforce the statutory requirements governing the

Voice of America directorship. Those statutory requirements

are consistent with Article II. And the district court had

equitable power to enjoin defendants from effectuating the

illegal termination.

I.

A.

Congress has charged the U.S. Agency for Global Media

(the Agency) to “use broadcasting to support freedom and

democracy in a rapidly changing international environment.”

22 U.S.C. § 6201(5). To carry out that mission, Congress

placed within the Agency six federally funded international

news broadcasters that “export[] the cardinal American values

of free speech, freedom of the press, and open debate to the3

dark corners of the world where independent, objective

coverage of current events is otherwise unavailable.”

Widakuswara v. Lake, 779 F. Supp. 3d 10, 19-20 (D.D.C. 2025)

(citation omitted).

Voice of America is the flagship international broadcaster

of the United States. The United States created Voice of

America during World War II to counter Nazi propaganda in

Europe with free, fact-based reporting. Voice of America’s

congressionally codified charter dictates that it serve the “long-

range interests of the United States” by directly providing

“accurate, objective, and comprehensive” news to listeners

around the globe. 22 U.S.C. § 6202(c). Congress explained

that, “[t]o be effective, the Voice of America must win the

attention and respect of listeners.” Id. And it has. During its

eighty-plus years of broadcasting, Voice of America has

“cultivated an audience of 425 million listeners who rely on

[its] output—particularly in areas of the world where a free

press is otherwise unavailable.” Widakuswara, 779 F. Supp.

3d at 34. Congress has directed the Agency to sponsor other

regional news networks as non-governmental, not-for-profit

entities supported with appropriated funds via grant

agreements, see 22 U.S.C. §§ 6207-6209, 6215, but Voice of

America remains the largest of the Agency’s broadcasters.

By statute, the Agency for Global Media’s Chief

Executive Officer is a presidential appointee who “supervise[s]

all broadcasting activities” and logistical needs of the Agency.

Id. §§ 6203(b)(1), 6204(a). (The position is currently occupied

by an Acting CEO pending confirmation of the nominee.) “[I]n

carrying out [those] functions,” the CEO is required to “respect

the professional independence and integrity of” each of the

Agency’s “broadcasting services.” Id. § 6204(b). The CEO

once held unilateral authority to appoint and remove the heads

of Agency broadcasters. In 2020, however, the Agency’s then-4

CEO, Michael Pack, sparked bipartisan congressional outrage

when he “unilaterally fired the heads of several networks,”

jeopardizing the broadcasters’ “credibility and independence.”

Abramowitz v. Lake, 803 F. Supp. 3d 1, 6 (D.D.C. 2025)

(quoting Letter from Sens. Rubio, Graham, Moran, Collins,

Durbin, Leahy, and Van Hollen to Michael Pack, CEO,

USAGM (July 1, 2020), at 1).

Following that episode, Congress converted the Agency’s

advisory board, the International Broadcasting Advisory Board

(the Broadcasting Board), into a separate, independent agency

with stronger oversight powers. See Pub. L. No. 116-283,

§ 1299Q, 134 Stat. 3388, 4022-24 (2021). First, Congress

overhauled the structure and composition of the Broadcasting

Board. Congress recreated it as a partisan-balanced

independent agency composed of seven members requiring

Senate confirmation. 22 U.S.C. §§ 6205(a), (b)(1), (b)(3),

(b)(4)(A) (2021). Second, Congress gave the Broadcasting

Board additional responsibilities to advise and oversee the

Agency for Global Media. The Board now meets at least

quarterly with the Agency CEO, reports on the Agency to

Congress, and “advise[s] the [Agency CEO] to ensure” that he

“fully respects the professional integrity and editorial

independence” of the broadcasters. Id. § 6205(d). Third,

Congress vested the Broadcasting Board with control over the

hiring and firing of the six network heads, including the head

of Voice of America. The CEO may make recommendations,

but network heads “may only be appointed or removed if such

action has been approved by a majority vote of the

[Broadcasting] Board.” Id. § 6205(e)(1). And the Board may

itself “unilaterally remove any . . . head of network” by a vote

of “five or more” out of its seven members. Id. § 6205(e)(2).5

B.

Michael Abramowitz is the head of Voice of America. He

was appointed in April 2024 with the unanimous approval of

the Broadcasting Board.

President Trump, upon assuming office in January 2025,

fired six of the seven members of the Broadcasting Board. He

then issued an executive order directing that the Agency’s

“non-statutory components and functions . . . be eliminated to

the maximum extent consistent with applicable law.” Exec.

Order No. 14,238, § 2(a), 90 Fed. Reg. 13043 (Mar. 14, 2025).

Defendants—the Agency, then-Acting CEO Victor Morales,

and then-Senior Advisor to the Acting CEO Kari Lake—

promptly took action to implement the executive order. They

placed Abramowitz and approximately 1,300 other Voice of

America employees on indefinite administrative leave.

Abramowitz, 803 F. Supp. 3d at 7.

Abramowitz and three Voice of America journalists filed

suit requesting emergency injunctive relief. Id. The district

court granted preliminary injunctions, id. at 8; see Abramowitz

v. Lake, No. 25-cv-887, 2025 WL 1176796, at *2 (D.D.C.

Apr. 22, 2025); Widakuswara v. Lake, 779 F. Supp. 3d 10, 40

(D.D.C. 2025), which a divided panel of this court stayed in

part pending the Agency’s appeal. See Widakuswara v. Lake,

No. 25-5144, 2025 WL 1288817, at *2 (D.C. Cir. May 3,

2025). Because the Agency did not appeal the third part of the

Widakuswara preliminary injunction, which required

restoration of Voice of America’s programming, the panel’s

stay did not affect that relief. Our full court reconsidered en

banc the stay order, which halted preliminary injunctions in

five related cases concerning the Agency for Global Media’s

networks, and we largely lifted the stay. See Widakuswara v.

Lake, No. 25-5144, 2025 WL 1521355, at *1 (D.C. Cir. May6

28, 2025) (en banc). But the en banc court did not disturb the

stay of the injunction in Abramowitz’s suit because the district

court retained authority to enforce that injunction’s un-

appealed and unstayed third part directing the Agency to

restore Voice of America’s programming. See Widakuswara

v. Lake, No. 25-5144, 2025 WL 2787974, at *1 (D.C. Cir. May

28, 2025) (en banc) (statement of Srinivasan, J.); see also

Abramowitz v. Lake, 803 F. Supp. 3d at 8 (proceeding to grant

partial summary judgment and a permanent injunction under

the APA).

In July, with the Board inquorate, defendants sent

Abramowitz a notice stating that he would be “reassigned” out

of his position as head of Voice of America “to a role as Chief

Management Officer in Greenville, North Carolina.

”

Abramowitz, 803 F. Supp. 3d at 7. Unless Abramowitz

promptly accepted the reassignment, the notice warned, “he

would be removed” from his head-of-network post. Id.

Abramowitz did not accept. After the deadline expired,

defendants sent another letter, dated August 1, 2025, informing

Abramowitz that they “had made the decision to remove him”

due to his refusal of reassignment. Id.

Abramowitz moved for partial summary judgment. He

argued that defendants violated the Administrative Procedure

Act (APA), 5 U.S.C. §§ 551 et seq., and acted ultra vires when

they attempted to remove him in violation of section 6205.

The district court granted partial summary judgment on the

APA claim and entered a permanent injunction barring

defendants “from removing Plaintiff Abramowitz from his

position as [head] of Voice of America without the approval of

a majority of the [Broadcasting Board].” Order, No. 25-cv-887

(D.D.C. Aug. 28, 2025) (J.A. 81). The district court concluded

that Abramowitz’s suit fell within its federal-question7

jurisdiction. Abramowitz, 803 F. Supp. 3d at 10-11; see 28

U.S.C. § 1331. And it held that defendants’ removal of

Abramowitz without the Broadcasting Board’s approval was

contrary to law. Abramowitz, 803 F. Supp. 3d at 16-17; see 5

U.S.C. § 706(2)(A).

Defendants timely appealed. They also moved for a stay

pending appeal, which a panel of this court denied.

Six of the seven seats on the Broadcasting Board remain

empty.

II.

We have appellate jurisdiction to review the district

court’s entry of a permanent injunction. 28 U.S.C.

§ 1292(a)(1). We review de novo both the district court’s

jurisdiction to issue the injunction, Atlas Air, Inc. v. Int’l Bhd.

of Teamsters, 928 F.3d 1102, 1108 (D.C. Cir. 2019), and its

grant of summary judgment, N.M. Cattle Growers’ Ass’n v.

U.S. Fish & Wildlife Serv., 148 F.4th 755, 764 (D.C. Cir. 2025).

A.

Defendants first contend that the district court lacked

jurisdiction over Abramowitz’s claim. Congress, they assert,

implicitly precluded the district court’s federal-question

jurisdiction by channeling Abramowitz’s claim into the

specialized administrative framework for personnel actions

subject to the Civil Service Reform Act (CSRA), 5 U.S.C.

§§ 1101 et seq. Appellants’ Br. 22. We hold that the district

court had jurisdiction over Abramowitz’s suit.

Congress has empowered federal district courts to

adjudicate civil actions “arising under” the Constitution and

laws of the United States. Royal Canin U. S. A., Inc. v.8

Wullschleger, 604 U.S. 22, 26 (2025) (quoting 28 U.S.C

§ 1331). That broad grant secures district court jurisdiction

over “cases founded on federal law” except where Congress

has withdrawn it. Id. Congress excepts suits from federal-

question jurisdiction either “explicitly,” by providing “that

district court jurisdiction will yield,

” or “implicitly, by

specifying a different method to resolve [the] claims,

” such as

review by an administrative agency. Axon Enter., Inc. v. Fed.

Trade Comm’n, 598 U.S. 175, 185 (2023).

We have long understood that Congress implicitly

abridged the district court’s federal-question authority when it

enacted the CSRA. The CSRA provides “a comprehensive

system for reviewing personnel action taken against federal

employees.” United States v. Fausto, 484 U.S. 439, 455

(1988). It channels almost all federal employment claims

through the Merit Systems Protection Board (the MSPB) in lieu

of suit in district court. See Elgin v. Dep’t of Treasury, 567

U.S. 1, 12-13 (2012). Defendants contend that Abramowitz’s

claim belongs before the MSPB, so the district court lacked

power to hear it. Abramowitz acknowledges that the CSRA

provides the exclusive remedy for claims within its scope but

argues that his claim to enforce the network-head removal

statute—22 U.S.C. § 6205(e)—falls outside of the CSRA’s

ambit.

We thus consider whether Abramowitz’s claims “are of

the type Congress intended to be reviewed within [the]

statutory structure” of the CSRA. Thunder Basin Coal Co. v.

Reich, 510 U.S. 200, 212 (1994). “The ultimate question is

how best to understand what Congress has done”—namely,

whether Congress intended to preclude a district court from

hearing a claim of the type before us. Axon, 598 U.S. at 186.

We begin by taking “the 30,000-foot view” of Congress’s

statutory scheme. Id. at 189. We then evaluate the Thunder9

Basin factors—three considerations that the Supreme Court has

identified as typical indicia of congressional intent regarding

whether to preclude district court review.

Viewed from “30,000 feet,” this case is “not very hard.”

Id. at 188. Congress gave no hint that it intended the CSRA to

channel a section 6205(e) claim like Abramowitz’s to the

MSPB for resolution. The CSRA’s administrative scheme

serves goals that are distinct from the goals of section 6205(e),

and channeling to the MSPB would render section 6205(e)

entirely ineffective.

The CSRA, enacted in 1978, was “designed to balance the

legitimate interests of the various categories of federal

employees with the needs of sound and efficient

administration.” Fausto, 484 U.S. at 445. It “establishes the

principles of the merit system of employment” and “governs

personnel actions based on unacceptable job performance” as

well as “adverse action taken against employees for the

‘efficiency of the service.’” Id. at 445-46 (citation omitted). It

provides the mechanism for employees to vindicate their

private interests in their employment, and it accounts for the

government’s interests as an employer in building a workforce

of ability and integrity.

As relevant here, the CSRA channels employee appeals of

covered actions to a specialized administrative agency, the

MSPB. See 5 U.S.C. § 7543(d). And in most circumstances,

the Federal Circuit has exclusive jurisdiction to review

decisions of the MSPB. See id. § 7703(b)(1)(A). “Congress

enacted the detailed CSRA review system to ensure greater

uniformity of process and consistency of interpretation” in the

government’s disputes with its employees. Fed. L. Enf’t

Officers Ass’n v. Ahuja, 62 F.4th 551, 559 (D.C. Cir. 2023).10

Section 6205(e) serves an entirely different purpose.

Congress enacted section 6205 in 2021 as part of a package of

reforms meant to secure the journalistic independence and

efficacy of the networks under the umbrella of the Agency for

Global Media. Those reforms strengthened the Broadcasting

Board as an adviser and watchdog of the Agency CEO, see 22

U.S.C. § 6205(d), and gave the Broadcasting Board the final

say over the appointments and removals of a handful of inferior

officers, including the heads of Voice of America and five

other congressionally established networks, id. § 6205(e)(1)-

(2). Defendants have offered no evidence that Congress

enacted section 6205(e) to serve the government’s generic

interests as an employer. Indeed, there is no dispute that

section 6205(e) was designed to protect the nation’s

substantive policy in favor of objective reporting, reflecting our

national interest in free media around the globe. It is not a

standard employment law, but a durable barrier against any

breach of the firewall protecting the journalistic integrity of

Voice of America and the affiliate networks. As a matter of

common sense, it is difficult to explain why Congress would

treat a section 6205(e) claim as a federal employment matter

appropriately channeled to the MSPB.

Applying the ordinary principles of federal-question

jurisdiction allows a plaintiff alleging a violation of section

6205(e) to obtain immediate equitable relief in federal district

court, vindicating Congress’s design to preserve the networks’

integrity. Channeling section 6205(e) claims through the

CSRA, in contrast, would effectively nullify Congress’s

decision to make the Broadcasting Board the guardian of the

independence of the networks’ leadership. The CSRA offers

no mechanism for keeping a network head in the job; the

MSPB lacks power to award preliminary relief. See Oral Arg.

at 17:58-18:14. And the CSRA’s potential remedies of backpay

or reinstatement for an individual employee cannot repair11

harms to a network’s reputation, reach, and reliability. Any

remedy available through the CSRA would come too late to

accomplish the purpose of section 6205. And no remedy under

the CSRA could provide a network head with ongoing

injunctive protection from a renewed attempt to effect an

illegal removal.

Section 6205(e) evinces Congress’s intent to advance the

journalistic integrity of the Agency for Global Media networks.

And, for the provision to have the effect Congress sought, the

legal protections it established must be immediately and

continuously enforceable—that is, they must fall outside the

CSRA’s ouster of federal-question jurisdiction. Thus, even

were we to assume that agency action affecting Abramowitz’s

employment would otherwise be channeled under the CSRA,

we would treat enactment of section 6205(e) as having restored

federal-question jurisdiction over the type of claim at issue

here. The Supreme Court has recognized that “a specific policy

embodied in a later federal statute should control our

construction of the [earlier] statute,” even where the earlier

statute “ha[s] not been expressly amended.” Food & Drug

Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120,

143 (2000) (alterations in original) (citation omitted). Here,

section 6205(e)’s policy empowering the Broadcasting Board

to control a handful of appointments and removals guides our

interpretation of the CSRA’s exclusivity.

In response, defendants point to the Supreme Court’s

broad language describing the CSRA’s exclusivity: “When a

covered employee appeals a covered adverse action, the CSRA

grants the MSPB jurisdiction over the appeal.” Elgin, 567 U.S.

at 20. But the Court has cautioned that “‘general language in

judicial opinions’ does not control ‘quite different

circumstances that the Court was not then considering,’” nor

does it “preclude Congress from enacting a later exception” to12

a broad rule articulated by the Court. Exxon Mobil Corp. v.

Corporación Cimex, S. A., 609 U.S. 108, 128 (2026) (quoting

Turkiye Halk Bankasi A.S. v. United States, 598 U.S. 264, 278

(2023)). We understand the Congress that enacted section

6205 to have intended it to fall outside the broad scope of

CSRA preclusion.

We are especially wary of overreading the CSRA’s

preclusive scope given that the exclusivity of its administrative

remedies is not expressly guaranteed. Because CSRA

preclusion is only implicit, its scope is nowhere delineated in

the statutory text. See Elgin, 567 U.S. at 12 (deeming it “fairly

discernible” from the CSRA’s comprehensive scheme “that

Congress intended to deny . . . an additional avenue of review”

to employees seeking review of adverse employment actions

covered by the CSRA). “[I]t can be strongly presumed that

Congress will specifically address language on the statute

books that it wishes to change,” but courts “frequently” find

that Congress has made a “repeal by implication of a legal

disposition implied by a statutory text.” Fausto, 484 U.S. at

453. Even assuming that, under Elgin, we must start by

presuming preclusion, we hold that Section 6205(e) is best read

to effect an implicit exemption from CSRA’s implied

preclusion, restoring the default of federal-question jurisdiction

for Abramowitz’s suit.

We next consider the Thunder Basin factors as elucidated

in Axon. Because Congress “rarely allows” government

actions “to escape effective judicial review,” the first factor is

whether “precluding district court jurisdiction [would]

‘foreclose all meaningful judicial review’” of a plaintiff’s

claim. Axon, 598 U.S. at 186 (quoting Thunder Basin, 510 U.S.

at 212-13). Because Congress may wish “to give [an] agency

a heightened role in the matters it customarily handles,” the

second factor is whether the claim filed in federal court is13

central or “wholly collateral to [the] statute’s [alternate] review

provisions.” Id. (quoting Thunder Basin, 510 U.S. at 212).

And because Congress generally designs special review

provisions to draw on an agency’s “distinctive knowledge,” the

third factor is whether the claim falls within or “outside the

agency’s expertise.” Id. (quoting Thunder Basin, 510 U.S. at

212). The factors need not all favor Abramowitz to support the

district court’s jurisdiction. Id. On balance, the Thunder Basin

factors confirm our understanding of Congress’s intent.

First, if CSRA preclusion applied, Abramowitz might be

denied access to meaningful judicial review. The first factor

has greatest relevance when a plaintiff loses all access to

Article III courts—a highly unusual result. Id. at 186. Here,

Abramowitz might eventually reach the Federal Circuit: Under

the CSRA, he could obtain judicial review in the Federal

Circuit if he lost his claim before the MSPB. Elgin, 567 U.S.

at 21. But we have reason to question whether an agency

review scheme satisfies the first factor if it “foreclose[s] all

meaningful judicial review at the preliminary injunction stage”

despite an irreparable harm. See New York v. Trump, 181 F.4th

132, 140 n.3 (D.C. Cir. 2026); Axon, 598 U.S. 175, 191

(explaining that judicial review “come[s] too late to be

meaningful” if an injury is “impossible to remedy” by the time

“appellate review kicks in”). The harm Abramowitz faces is

an immediate one. And, as explained, the MSPB lacks power

to enter preliminary relief. The threat of removal is “a powerful

tool for control,” Edmond v. United States, 520 U.S. 651, 664

(1997), and if defendants can remove Abramowitz for the

lengthy duration of MSPB proceedings, they can effectively

exercise control over Abramowitz and Voice of America that

Congress by statute vested elsewhere.

Second, Abramowitz’s claim is collateral to the CSRA’s

scheme. Unlike the typical aggrieved employee, Abramowitz14

does not seek to reverse his termination on its merits. He

instead argues that defendants failed to satisfy section 6205,

which poses a procedural hurdle to Abramowitz’s removal.

Nowhere does Abramowitz call on the MSPB to “address the

sorts of procedural [and] evidentiary matters [the] agency often

resolves on the way to a merits decision.” Axon, 598 U.S. at

193. Defendants presented Abramowitz with a Notice of

Proposed Removal asserting insubordination, but its

contents—the usual focal point for MSPB review—are

irrelevant to Abramowitz’s section 6205 claim. Rather than

seeking “reinstatement, backpay, and attorney’s fees”—

“precisely the kinds of relief that the CSRA empowers the

MSPB and the Federal Circuit to provide,” Elgin, 567 U.S. at

22—Abramowitz seeks an injunction against unlawful

interference with his head-of-network position.

Third, Abramowitz’s suit plainly lies outside of the

MSPB’s substantive expertise. Agencies have no “distinctive

knowledge” to apply to “[c]laims that tenure protections violate

Article II.” Axon, 598 U.S. at 186, 194. That is the sole merits

issue in Abramowitz’s suit. Since Abramowitz’s claim is not

“intertwined with or embedded in matters on which the [MSPB

is] expert,” id. at 195, we have no substantive reason to infer

that Congress intended to channel his claim through the

agency.

In sum, the Thunder Basin analysis confirms what the

statute itself makes clear: that Congress had no reason to

channel Abramowitz’s claim through the CSRA, and every

reason not to. Section 6205 evinces a special need for district

court jurisdiction. Section 6205(e) is designed to safeguard the

independence of the Agency for Global Media network heads

by barring their removal in the absence of the Broadcasting

Board’s approval. That safeguard works only when it can be

promptly enforced.15

B.

On the merits, defendants concede that they removed

Abramowitz in violation of section 6205(e). They offer a

single defense: that the removal procedures in that section

“violate Article II.” Appellants’ Br. 32. We conclude that

section 6205(e) is constitutionally valid, so defendants’ attempt

to remove Abramowitz was contrary to law. 5 U.S.C.

§ 706(2)(A).

Article II provides that “Congress may by Law vest the

Appointment of such inferior Officers, as they think proper, in

the President alone, in the Courts of Law, or in the Heads of

Departments.” U.S. Const. art. II, § 2. By implication,

Congress has power to vest removals in those same entities,

since “the ‘power of removal of executive officers’ is ‘incident

to the power of appointment.’” Kennedy v. Braidwood Mgmt.,

Inc., 606 U.S. 748, 763 (2025) (quoting Myers v. United States,

272 U.S. 52, 119 (1926)).

Abramowitz, the head of Voice of America, is

“undisputedly an inferior officer.” Appellants’ Br. 32;

Appellees’ Br. 29. And the Broadcasting Board is

undisputedly a department head. See Appellants’ Br. 33

(“assuming the [] Board could be viewed as a department head”

and providing no argument to the contrary); Appellees’ Br. 29

(“Defendants do not challenge that the Board ‘could be viewed

as a department head’”); Reply Br. 10 (describing the Board

as “an entity that might be described as a ‘head’ of a separate

department”); Abramowitz v. Lake, No. 25-cv-887, 2025 WL

4632354, at *2 n.4 (D.D.C. Sept. 2, 2025) (concluding that any

argument by defendants that the “Board does not qualify as a

Head of Department . . . is doubly waived”).

Congress thus has constitutional authority to vest power

over Abramowitz’s removal in the Broadcasting Board. That16

is just what section 6205(e) does. The section creates two

pathways for removal of a network head. First, “only” the

approval of “a majority” of the Broadcasting Board can

authorize the Agency CEO to appoint or remove a network

head. 22 U.S.C. § 6205(e)(1). Second, without the CEO’s

initiative or agreement, “five or more members” of the

Broadcasting Board “may unilaterally remove” a network head

“[a]fter consulting with the [Agency CEO].” 22 U.S.C.

§ 6205(e)(2). Both pathways give the Board the final say in the

removal.

Focusing on the first pathway, defendants object that

Congress violated Article II by “[m]aking removal a joint

concern” of the Broadcasting Board and the Agency CEO.

Appellants’ Br. 33. But the Supreme Court has consistently

“found that the department head’s approval satisfies the

Appointments Clause” even where a statute assigns an initial

or proposed decision to a different official. Free Enter. Fund

v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477, 512 n.13 (2010).

What is more, the Broadcasting Board can also remove

Abramowitz on its own initiative through the second pathway.

To employ that pathway, the Broadcasting Board need only

“consult[] with” the Agency CEO, 22 U.S.C. § 6205(e)(2), who

must meet with the Board on its “request,” id. § 6205(d)(2).

That pathway thus affords the Board comprehensive—not

shared—statutory power over Abramowitz’s removal.

Defendants next insist that the Appointments Clause

requires Congress to vest control of inferior officers in the head

of “the department that actually employs” the inferior officer—

here, the Agency CEO. Reply Br. 14. The Supreme Court’s

decision in Morrison v. Olson, 487 U.S. 654 (1988), forecloses

that argument. There, the Court sustained a statute creating a

special Article III court “for the purpose of appointing

independent counsels.” Id. at 661 (quoting 28 U.S.C. § 4917

(1982 ed., Supp. V)). The Court first concluded that an

independent counsel so appointed was an inferior officer and

then held that the Appointments Clause does not prohibit

Congress from providing that an inferior “officer of one

branch” shall be “appointed by officers of another branch.” Id.

at 673.

Section 6205 involves a more modest distance between

employing and appointing body than did the provision for

interbranch appointment sustained in Morrison. It falls

comfortably within the constitutional power of Congress to “by

Law vest the Appointment of such inferior Officers, as they

think proper, in the President alone, in the Courts of Law, or in

the Heads of Departments.” U.S. Const. art. II, § 2. As the

Court in Morrison underscored, the words “as they think

proper” seem “clearly to give Congress significant discretion.

”

487 U.S. at 673. Here, instead of giving the federal judiciary

power to appoint an executive-branch law-enforcement

official, Congress gave the head of one executive agency the

power to remove an officer in another executive agency. The

heads of both agencies are removable at the President’s will.

Congress simply deems it “proper” to assign each a measure of

authority over heads of network: The Agency CEO manages

the heads of network on a day-to-day basis, while the Board

has the final say on their removal.

Defendants lastly contend that section 6205 creates an

unconstitutional “exception[] to the President’s unrestricted

removal power.” Appellants’ Br. 34 (citing Seila L. LLC v.

Consumer Fin. Prot. Bureau, 591 U.S. 197, 204 (2020)). In

Trump v. Slaughter, 609 U.S. 422 (2026), the Supreme Court

announced that “the President may remove his subordinates at

will” from principal officer positions. Id. at 442. We need not

consider here whether the same rule applies to inferior officers

and employees because, regardless, section 6205 secures the18

President’s ability to remove Abramowitz for any or no

reason—albeit more indirectly than defendants would like.

The scheme parallels one that the Supreme Court approved in

Free Enterprise Fund v. Public Company Accounting

Oversight Board, 561 U.S. 477 (2010). In Free Enterprise

Fund, the Court explained that when a department head can

“remove [an inferior officer] at any time,” the department head

is “fully responsible for what the [inferior officer] does.” Id. at

495. The President can then “hold the [department head] to

account for its supervision of the [inferior officer], to the same

extent that he may hold the [department head] to account for

everything else it does.” Id. at 495-96. So long as the President

has adequate control over the department head, and the

department head can control the inferior officer (as is the case

here), the President can transitively control the inferior officer.

The department head’s supervision “preserv[es] the chain of

command in Article II.” Braidwood, 606 U.S. at 754.

Section 6205’s scheme maps neatly onto the outline the

Supreme Court laid out in Free Enterprise Fund. Indeed, an

important distinction serves to provide more presidential

control under section 6205. In Free Enterprise Fund, the

department head was the Securities and Exchange

Commission, a multimember body whose commissioners each

had for-cause removal protection. 561 U.S. at 487. Here, the

parties have not disputed that the President can, consistent with

Slaughter, remove members of the Broadcasting Board at will.

609 U.S. at 442. Free Enterprise Fund tells us that

Abramowitz is as subject to Presidential oversight as the

members of the Board that appoints and removes him. 561

U.S. at 509. Given that the Broadcasting Board is subject to

at-will presidential removal, Abramowitz is effectively subject

to the same.19

Defendants complain that because the power to remove

Abramowitz is “diffused” across a multimember body, he is

effectively shielded from removal. Appellants’ Br. 36. As a

practical matter, it is true that the President might face delay if

he had to fire and replace a majority of the Board to effectuate

his removal decision. But that delay is attributable to the

Appointments Clause itself, which requires that principal

officers receive Senate confirmation and “contemplates

collective appointments,” including by “multimember bodies”

that head departments. Free Enter. Fund, 561 U.S. at 512-13;

see U.S. Const. art. II, § 2. The President retains the power to

supervise the Broadcasting Board (and thus, the heads of

network) consistent with the requirements of the Constitution.

III.

We conclude by considering remedy. Defendants assert

that the district court lacked authority to enjoin them from

removing Abramowitz without the Broadcasting Board’s

approval. That argument, too, is foreclosed by our precedent.

We have long held that courts may enforce statutory “removal

restrictions” through “injunctive relief against subordinate

[executive] officials.” Swan v. Clinton, 100 F.3d 973, 977-78

(D.C. Cir. 1996); see Severino v. Biden, 71 F.4th 1038, 1042-

43 (D.C. Cir. 2023).

The Supreme Court’s recent decision in Trump v. Cook,

609 U.S. 528 (2026), reinforces our precedent. There, the

Court held that a district court “may order that a removed

[official] remain in office during the pendency of litigation.”

Id. at 549. The availability of a permanent injunction then turns

on whether any remedy at law, such as money damages, could

adequately redress a plaintiff’s injury. See id.; eBay Inc. v.

MercExchange, L.L.C., 547 U.S. 388, 391 (2006) (setting out

four-part test for permanent injunctions, including the absence20

of an adequate remedy at law). Defendants contest the district

court’s power to enjoin Abramowitz’s removal, but they point

to nothing to counter his contention that no other form of relief

would redress his injury. We accordingly have no basis on

which to disturb the district court’s determination that

Abramowitz made the necessary showings to support a

permanent injunction. Abramowitz, 803 F. Supp. 3d at 17-18.

IV.

For the foregoing reasons, we affirm the district court’s

order of August 28, 2025.

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