Case: Floyd v. Department of Justice

1:26-cv-01399 | U.S. District Court for the Eastern District of Virginia

Filed Date: May 22, 2026

Case Ongoing

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Case Summary

This case is one of multiple challenges to the Department of Justice's (DOJ) creation of the Anti-Weaponization Fund, a $1.776 billion program intended to compensate individuals allegedly harmed by government "weaponization." On May 22, 2026, five plaintiffs, a former Assistant U.S. Attorney allegedly fired after prosecuting January 6 cases, a professor allegedly prosecuted for protesting an immigration raid, the City of New Haven, the National Abortion Federation (NAF), and the government watc…

On May 22, 2026, five plaintiffs, a former Assistant U.S. Attorney allegedly fired after prosecuting January 6 cases, a professor allegedly prosecuted for protesting an immigration raid, the City of New Haven, the National Abortion Federation (NAF), and the government watchdog organization, Common Cause, filed suit in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, against the DOJ, Acting Attorney General Todd Blanche, Associate Attorney General Stanley Woodward Jr., the Department of the Treasury, Treasury Secretary Scott Bessent, and the Anti-Weaponization Fund. The plaintiffs alleged that the DOJ and Treasury unlawfully created the $1.776 billion Fund through the purported settlement of Trump v. Internal Revenue Service. 2026 WL 1458774. That lawsuit, filed in January 2026 by President Trump, his sons, and the Trump Organization against the Internal Revenue Service (IRS) and Treasury Department, was dismissed voluntarily on May 18, 2026, just before a scheduled jurisdictional hearing at which a federal judge had raised concerns about whether the parties were sufficiently adverse. The settlement purported to create the Fund using money drawn from the congressionally appropriated Judgment Fund and included a formal apology and a liability waiver for the Trump v. IRS plaintiffs, potentially worth over $100 million. The complaint alleged that the Fund is available only to claimants alleging they were targeted by "Democrat" elected officials or employees, excludes comparable claims involving Republican or nonpartisan officials, and operates without public procedures, disclosure of awards, or judicial review. 2026 WL 1458774. The plaintiffs alleged distinct injuries, including exclusion from the Fund based on the political affiliation of the officials alleged to have targeted them, increased risks posed by the Fund's alleged encouragement of unlawful conduct, and the Fund's lack of transparency, which they claimed impaired government oversight and accountability. 2026 WL 1458774. The complaint asserted nine causes of action, including claims that the Fund constitutes unconstitutional viewpoint discrimination and denies equal protection, violates separation-of-powers principles, exceeds statutory authority, and violates multiple provisions of the Administrative Procedure Act (APA). 2026 WL 1458774. The plaintiffs sought declaratory relief, vacatur, a stay, and preliminary and permanent injunctions prohibiting any transfers to or payments from the Fund. The case was assigned to District Judge Leonie M. Brinkema and referred to Magistrate Judge Ivan D. Davis for pretrial proceedings. 2026 WL 1458774.

On May 29, 2026, while the plaintiffs' causes of action and Temporary Restraining Order (TRO) remained pending, Judge Brinkema enjoined the defendants from taking any further action to create or operate the Anti-Weaponization Fund, including transferring money to the Fund, considering any claims submitted to it, or disbursing any funds from it, and reset the hearing for June 12. 2026 WL 1504001. In early June, United States Senators Cory Booker and Bill Cassidy moved for leave to participate as amici curiae in support of the plaintiffs.

On June 12, 2026, the court granted the plaintiffs' motion for a preliminary injunction, enjoining the defendants from creating or operating the Anti-Weaponization Fund. 2026 WL 1719431. On June 19, the defendants declined to submit the sworn declarations requested by the court, stating that the Fund would not be created, arguing that the case was moot because they had repeatedly represented that the Fund was "not going forward" and that requiring declarations from senior executive officials raised separation-of-powers concerns. On June 22, the defendants filed a status report reaffirming that no funds had been transferred and no payments had been made from the Fund, and the court entered an order opening discovery and establishing a schedule for further proceedings.

On July 13, 2026, in the underlying Trump v. IRS litigation, District Judge Kathleen M. Williams issued a sanctions order finding that the case had been brought for an improper purpose and that the parties were never genuinely adverse. Although she held that the voluntary dismissal deprived her of authority to reopen the merits, she prohibited the parties from relying on or citing the purported settlement agreement in any judicial, administrative, regulatory, or other official proceeding, and referred plaintiffs' counsel for possible bar discipline. Judge Williams expressly declined to resolve whether the parties could enforce the settlement as a private agreement.

On August 2, 2026, Acting Attorney General Blanche signed an order stating that his May 18, 2026, order establishing the Anti-Weaponization Fund was rescinded and would have no force or effect. An accompanying, unsigned DOJ statement asserted that no members had been appointed, no funds transferred, no claims process established, and no claims paid, and that there was no Fund. The order expressly cited this case, along with the parallel challenges in Dunn v. Trump, Citizens for Responsibility and Ethics in Washington v. Department of Justice, Gordon v. Blanche, and Gill v. Department of Justice, and acknowledged that at least one court had declined to dismiss those challenges as moot. The rescission followed a monthslong standoff over Blanche's nomination to be confirmed as Attorney General, which two Republican members of the Senate Judiciary Committee had held up over the Fund and a related audit-immunity provision, and which the committee advanced on a 12-10 party-line vote on August 4, 2026.

The plaintiffs maintained that the rescission was insufficient. On August 3, 2026, their counsel sent the DOJ a letter demanding a sworn declaration, under penalty of perjury, that the Fund would not operate or be revived. The letter noted that the Acting Attorney General had still refused to provide the sworn statement the court had requested, that the August 2 order reached only the May 18 funding order rather than the settlement agreement that purported to create the Fund, and that the order did not disturb the separate May 19, 2026 order granting audit-related immunity to the Trump v. IRS plaintiffs, who did not themselves sign the rescission.

On August 6, 2026, the plaintiffs amended their complaint to expand the scope and legal theories of the lawsuit. This complaint added the National Treasury Employees Union (NTEU) as a plaintiff and the Internal Revenue Service (IRS) and the commissioner of the Social Security Administration (SSA) as defendants. Additionally, the complaint introduced a new factual allegation regarding an “Immunity Order” issued by Blanche as part of the settlement agreement arising from the Trump v. IRS lawsuit. The Immunity Order granted President Trump immunity from civil and criminal liability, including from tax audits and prosecutions. This order, the complaint alleged, violated 26 U.S.C. § 7217 (prohibiting presidential interference in IRS audits) and forced IRS employees to terminate ongoing audits, creating conflicts with their oaths of office. The complaint also incorporated the August 2, 2026, DOJ order purporting to rescind the Anti-Weaponization Fund but failing to affirm its permanent termination, and Trump’s public statements reaffirming the Fund’s partisan purpose. The amended complaint’s legal claims were also broadened to include violations of the Domestic Emoluments Clause and expanded Administrative Procedure Act (APA) challenges as new causes of action. The amended complaint also updated the requested relief to seek the vacatur of both the Anti-Weaponization Fund and the Immunity Order, as well as injunctive relief to prevent IRS employees from complying with the Immunity Order.

On August 7, 2026, the defendants notified the court that they planned to file an amended motion to dismiss and not proceed with their original motion. The same day, the defendants moved to vacate the original discovery plan and stay discovery until a new plan was in place. A hearing on this motion was set for August 14, 2026. Accordingly, that day the court denied the defendants' original motion to dismiss as moot and ordered them to file their amended motion no later than August 21, 2026. The court also reset the hearing date to September 18, 2026, to give both parties time to file their responses.

Summary Authors

Benjamin Glicksman (7/2/2026)

Simon Jillson (8/6/2026)

Madeline Dollard (8/11/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73383692/parties/floyd-v-department-of-justice/

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Boisture, Pooja (Virginia)

Attorney for Defendant

Block, Andrew (Virginia)

Expert/Monitor/Master/Other

Bateman, Samantha (Virginia)

Bradley, Conor (Virginia)

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Boisture, Pooja (Virginia)

Carroll, Catherine Mary (Virginia)

Friedl, Kevin (Virginia)

George, Aman T. (Virginia)

Jasrasaria, Jyoti (Virginia)

Khan, Ayesha (Virginia)

Liao, Cynthia (Virginia)

McElvain, Joel L (Virginia)

Morton, Jessica Anne (Virginia)

Newman, Lisa (Virginia)

Perryman, Skye (Virginia)

Thurston, Robin F. (Virginia)

Attorney for Defendant

Block, Andrew (Virginia)

Other

Bateman, Samantha (Virginia)

Bradley, Conor (Virginia)

Cai, Angela (Virginia)

Eisen, Norman Larry (Virginia)

Haier, Aaron (Virginia)

Johnson, Gleanne J. (Virginia)

Jonas, Stephen A. (Virginia)

Ogden, David W. (Virginia)

Platkin, Matthew (Virginia)

Ramanathan, Ravi (Virginia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-01399	Complaint for Declaratory and Injunctive Relief Floyd et al. v. Department of Justice et al.	May 22, 2026	May 22, 2026 Complaint
31 1:26-cv-01399	Order Floyd et al. v. Department of Justice et al.	May 29, 2026	May 29, 2026 Order/Opinion 2026 WL 1504001
85 1:26-cv-01399	Order Floyd et al. v. Department of Justice et al.	June 12, 2026	June 12, 2026 Order/Opinion 2026 WL 1719431
94 1:26-cv-01399	Defendants' Status Report Floyd et al. v. Department of Justice et al.	June 22, 2026	June 22, 2026 Pleading / Motion / Brief
123 1:26-cv-01399	First Amended Complaint Floyd et al. v. Department of Justice et al.	Aug. 6, 2026	Aug. 6, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73383692/floyd-v-department-of-justice/

Last updated Sept. 15, 2026, 3:18 a.m.

Docket for: Floyd v. Department of Justice

ECF Number	Date	Description	Link
1	May 22, 2026	Complaint for Declaratory and Injunctive Relief ( Filing fee $ 405, receipt number AVAEDC-11016521.), filed by City of New Haven, Jonathan Caravello, Andrew Floyd, National Abortion Federation, Common Cause. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(McElvain, Joel) (Entered: 05/22/2026) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP 5 Exhibit D View on RECAP	Clearinghouse
1	May 22, 2026	Complaint for Declaratory and Injunctive Relief ( Filing fee $ 405, receipt number AVAEDC-11016521.), filed by City of New Haven, Jonathan Caravello, Andrew Floyd, National Abortion Federation, Common Cause. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(McElvain, Joel) (Entered: 05/22/2026) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP 5 Exhibit D View on RECAP	Clearinghouse
2	May 22, 2026	Proposed Summons re 1 Complaint, by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation (McElvain, Joel) (Entered: 05/22/2026)	RECAP
2	May 22, 2026	Proposed Summons re 1 Complaint, by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation (McElvain, Joel) (Entered: 05/22/2026)	RECAP
3	May 22, 2026	Financial Interest Disclosure Statement (Local Rule 7.1) by National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
3	May 22, 2026	Financial Interest Disclosure Statement (Local Rule 7.1) by National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
4	May 22, 2026	Financial Interest Disclosure Statement (Local Rule 7.1) by Common Cause. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
4	May 22, 2026	Financial Interest Disclosure Statement (Local Rule 7.1) by Common Cause. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
5	May 22, 2026	Motion to appear Pro Hac Vice by Aman George and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017275. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
5	May 22, 2026	Motion to appear Pro Hac Vice by Aman George and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017275. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
6	May 22, 2026	Motion to appear Pro Hac Vice by Jyoti Jasrasaria and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017294. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Supplement Full District Court Admissions List)(McElvain, Joel) (Entered: 05/22/2026)	RECAP
6	May 22, 2026	Motion to appear Pro Hac Vice by Jyoti Jasrasaria and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017294. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Supplement Full District Court Admissions List)(McElvain, Joel) (Entered: 05/22/2026)	RECAP
7	May 22, 2026	Motion to appear Pro Hac Vice by Ayesha Khan and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017338. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Supplement Full List of District Court Admissions)(McElvain, Joel) (Entered: 05/22/2026)	RECAP
7	May 22, 2026	Motion to appear Pro Hac Vice by Ayesha Khan and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017338. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Supplement Full List of District Court Admissions)(McElvain, Joel) (Entered: 05/22/2026)	RECAP
8	May 22, 2026	Motion to appear Pro Hac Vice by Jessica Anne Morton and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017356. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
8	May 22, 2026	Motion to appear Pro Hac Vice by Jessica Anne Morton and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017356. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
9	May 22, 2026	Motion to appear Pro Hac Vice by Kevin Friedl and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017365. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
9	May 22, 2026	Motion to appear Pro Hac Vice by Kevin Friedl and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017365. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
10	May 22, 2026	Motion to appear Pro Hac Vice by Pooja Boisture and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017371. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
10	May 22, 2026	Motion to appear Pro Hac Vice by Pooja Boisture and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017371. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
11	May 22, 2026	Motion to appear Pro Hac Vice by Robin Frances Thurston and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017474. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
11	May 22, 2026	Motion to appear Pro Hac Vice by Robin Frances Thurston and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017474. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026)	RECAP
	May 22, 2026	Initial Case Assignment
	May 22, 2026	Initial Case Assignment
	May 22, 2026	Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (Jarb, )
	May 22, 2026	Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (Jarb, )
22	May 24, 2026	MOTION of Joseph A. Camp for Leave to Intervene as Defendant Pursuant to Fed. R. Civ. P. 24(a) and 24(b). (Attachments: # 1 Proposed Order, # 2 Proposed Answer of Intervenor)(swil) (Entered: 05/28/2026)	RECAP
22	May 24, 2026	MOTION of Joseph A. Camp for Leave to Intervene as Defendant Pursuant to Fed. R. Civ. P. 24(a) and 24(b). (Attachments: # 1 Proposed Order, # 2 Proposed Answer of Intervenor)(swil) (Entered: 05/28/2026)	RECAP
23	May 25, 2026	Declaration of Joseph A. Camp. (swil) (Entered: 05/28/2026)	RECAP
23	May 25, 2026	Declaration of Joseph A. Camp. (swil) (Entered: 05/28/2026)	RECAP
12	May 26, 2026	Summons Issued as to Anti-Weaponization Fund, Scott Bessent, Todd Blanche, Department of Justice, Department of the Treasury, Stanley Woodward, Jr, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(Jarb, ) (Entered: 05/26/2026) 1 Notice to Attorney View on PACER	RECAP
12	May 26, 2026	Summons Issued as to Anti-Weaponization Fund, Scott Bessent, Todd Blanche, Department of Justice, Department of the Treasury, Stanley Woodward, Jr, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(Jarb, ) (Entered: 05/26/2026) 1 Notice to Attorney View on PACER	RECAP
13	May 26, 2026	ORDER granting 5 Motion for Pro hac vice Appointed Aman T. George for Jonathan Caravello,Aman T. George for City of New Haven,Aman T. George for Common Cause,Aman T. George for Andrew Floyd,Aman T. George for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
13	May 26, 2026	ORDER granting 5 Motion for Pro hac vice Appointed Aman T. George for Jonathan Caravello,Aman T. George for City of New Haven,Aman T. George for Common Cause,Aman T. George for Andrew Floyd,Aman T. George for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
14	May 26, 2026	ORDER granting 6 Motion for Pro hac vice Appointed Jyoti Jasrasaria for Jonathan Caravello,Jyoti Jasrasaria for City of New Haven,Jyoti Jasrasaria for Common Cause,Jyoti Jasrasaria for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
14	May 26, 2026	ORDER granting 6 Motion for Pro hac vice Appointed Jyoti Jasrasaria for Jonathan Caravello,Jyoti Jasrasaria for City of New Haven,Jyoti Jasrasaria for Common Cause,Jyoti Jasrasaria for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
15	May 26, 2026	ORDER granting 7 Motion for Pro hac vice Appointed Ayesha Khan for Jonathan Caravello,Ayesha Khan for City of New Haven,Ayesha Khan for Common Cause,Ayesha Khan for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
15	May 26, 2026	ORDER granting 7 Motion for Pro hac vice Appointed Ayesha Khan for Jonathan Caravello,Ayesha Khan for City of New Haven,Ayesha Khan for Common Cause,Ayesha Khan for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
16	May 26, 2026	ORDER granting 8 Motion for Pro hac vice Appointed Jessica Anne Morton for Jonathan Caravello,Jessica Anne Morton for City of New Haven,Jessica Anne Morton for Common Cause,Jessica Anne Morton for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
16	May 26, 2026	ORDER granting 8 Motion for Pro hac vice Appointed Jessica Anne Morton for Jonathan Caravello,Jessica Anne Morton for City of New Haven,Jessica Anne Morton for Common Cause,Jessica Anne Morton for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
17	May 26, 2026	ORDER granting 9 Motion for Pro hac vice Appointed Kevin Friedl for Jonathan Caravello,Kevin Friedl for City of New Haven,Kevin Friedl for Common Cause,Kevin Friedl for Andrew Floyd,Kevin Friedl for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
17	May 26, 2026	ORDER granting 9 Motion for Pro hac vice Appointed Kevin Friedl for Jonathan Caravello,Kevin Friedl for City of New Haven,Kevin Friedl for Common Cause,Kevin Friedl for Andrew Floyd,Kevin Friedl for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
18	May 26, 2026	ORDER granting 10 Motion for Pro hac vice Appointed Pooja Boisture for Jonathan Caravello,Pooja Boisture for City of New Haven,Pooja Boisture for Common Cause,Pooja Boisture for Andrew Floyd,Pooja Boisture for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
18	May 26, 2026	ORDER granting 10 Motion for Pro hac vice Appointed Pooja Boisture for Jonathan Caravello,Pooja Boisture for City of New Haven,Pooja Boisture for Common Cause,Pooja Boisture for Andrew Floyd,Pooja Boisture for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
19	May 26, 2026	ORDER granting 11 Motion for Pro hac vice Appointed Robin F. Thurston for Jonathan Caravello,Robin F. Thurston for City of New Haven,Robin F. Thurston for Common Cause,Robin F. Thurston for Andrew Floyd,Robin F. Thurston for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
19	May 26, 2026	ORDER granting 11 Motion for Pro hac vice Appointed Robin F. Thurston for Jonathan Caravello,Robin F. Thurston for City of New Haven,Robin F. Thurston for Common Cause,Robin F. Thurston for Andrew Floyd,Robin F. Thurston for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026)	RECAP
20	May 26, 2026	Motion to appear Pro Hac Vice by Skye Perryman and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11020889. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/26/2026)	RECAP
20	May 26, 2026	Motion to appear Pro Hac Vice by Skye Perryman and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11020889. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/26/2026)	RECAP
21	May 26, 2026	ORDER granting 20 Motion for Pro hac vice Appointed Skye Perryman for Jonathan Caravello,Skye Perryman for City of New Haven,Skye Perryman for Common Cause,Skye Perryman for Andrew Floyd,Skye Perryman for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/27/2026)	RECAP
21	May 26, 2026	ORDER granting 20 Motion for Pro hac vice Appointed Skye Perryman for Jonathan Caravello,Skye Perryman for City of New Haven,Skye Perryman for Common Cause,Skye Perryman for Andrew Floyd,Skye Perryman for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/27/2026)	RECAP
	May 26, 2026	Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (Jarb, )
	May 26, 2026	Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (Jarb, )
24	May 28, 2026	MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) 1 Proposed Order View on RECAP	RECAP
24	May 28, 2026	MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) 1 Proposed Order View on RECAP	RECAP
25	May 28, 2026	Memorandum in Support re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing filed by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit)(McElvain, Joel) (Entered: 05/28/2026) 1 Affidavit View on RECAP 2 Affidavit View on RECAP 3 Affidavit View on PACER 4 Affidavit View on PACER 5 Affidavit View on PACER 6 Affidavit View on PACER 7 Affidavit View on PACER	RECAP
25	May 28, 2026	Memorandum in Support re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing filed by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit)(McElvain, Joel) (Entered: 05/28/2026) 1 Affidavit View on RECAP 2 Affidavit View on RECAP 3 Affidavit View on PACER 4 Affidavit View on PACER 5 Affidavit View on PACER 6 Affidavit View on PACER 7 Affidavit View on PACER	RECAP
26	May 28, 2026	Notice of Hearing Date set for June 5, 2026 re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing (McElvain, Joel) (Entered: 05/28/2026)	RECAP
26	May 28, 2026	Notice of Hearing Date set for June 5, 2026 re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing (McElvain, Joel) (Entered: 05/28/2026)	RECAP
27	May 28, 2026	MOTION to Stay Under 5 U.S.C. § 705 by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) 1 Proposed Order View on RECAP	RECAP
27	May 28, 2026	MOTION to Stay Under 5 U.S.C. § 705 by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) 1 Proposed Order View on RECAP	RECAP
28	May 28, 2026	Memorandum in Support re 27 MOTION to Stay Under 5 U.S.C. § 705 filed by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit)(McElvain, Joel) (Entered: 05/28/2026) 1 Affidavit View on PACER 2 Affidavit View on RECAP 3 Affidavit View on PACER 4 Affidavit View on PACER 5 Affidavit View on RECAP 6 Affidavit View on PACER 7 Affidavit View on PACER	RECAP
28	May 28, 2026	Memorandum in Support re 27 MOTION to Stay Under 5 U.S.C. § 705 filed by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit)(McElvain, Joel) (Entered: 05/28/2026) 1 Affidavit View on PACER 2 Affidavit View on RECAP 3 Affidavit View on PACER 4 Affidavit View on PACER 5 Affidavit View on RECAP 6 Affidavit View on PACER 7 Affidavit View on PACER	RECAP
29	May 28, 2026	Notice of Hearing Date June 5, 2026 re 27 MOTION to Stay Under 5 U.S.C. § 705 (McElvain, Joel) (Entered: 05/28/2026)	RECAP
29	May 28, 2026	Notice of Hearing Date June 5, 2026 re 27 MOTION to Stay Under 5 U.S.C. § 705 (McElvain, Joel) (Entered: 05/28/2026)	RECAP
30	May 28, 2026	MOTION to Set Expedited Briefing Schedule re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing, 27 MOTION to Stay Under 5 U.S.C. § 705 by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Exhibit, # 2 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) 1 Exhibit View on RECAP 2 Proposed Order View on RECAP	RECAP
30	May 28, 2026	MOTION to Set Expedited Briefing Schedule re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing, 27 MOTION to Stay Under 5 U.S.C. § 705 by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Exhibit, # 2 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) 1 Exhibit View on RECAP 2 Proposed Order View on RECAP	RECAP
32	May 28, 2026	MOTION for Leave to File Brief of Amicus Curiae by Jason Goodman. (Attachments: # 1 Proposed Order, # 2 Proposed Brief of Amicus)(swil) (Entered: 05/29/2026) 1 Proposed Order View on PACER 2 Proposed Brief of Amicus View on RECAP	RECAP
32	May 28, 2026	MOTION for Leave to File Brief of Amicus Curiae by Jason Goodman. (Attachments: # 1 Proposed Order, # 2 Proposed Brief of Amicus)(swil) (Entered: 05/29/2026) 1 Proposed Order View on PACER 2 Proposed Brief of Amicus View on RECAP	RECAP
31	May 29, 2026	ORDERED that plaintiffs' Expedited Motion, [Dkt. No. 30], is DENIED and defendants request for additional time is GRANTED; however, to ensure that no funds are irreversibly disbursed from the Anti-Weaponization Fund while plaintiffs' Motion is pending. ORDERED that defendants be and are ENJOINED from taking any further action pursuant to the creation or operation of the Anti-Weaponization Fund, which includes the transferring of money to the Fund; the consideration of any claims submitted to the Fund; and the disbursing of any funds from the Fund. ORDERED that defendants file their Opposition to plaintiffs' Motion by close of business on Friday, June 5, 2026. ORDERED that plaintiffs file their Reply by close of business on Wednesday, June 10,2026. ORDERED that the hearing on plaintiffs' Motion currently noticed for Friday, June 5, 2026, at 10:00 am be and is RESET to Friday, June 12, 2026 at 10:00 am. Signed by District Judge Leonie M. Brinkema on 5/29/2026. (kgall) (Entered: 05/29/2026)	Clearinghouse
31	May 29, 2026	ORDERED that plaintiffs' Expedited Motion, [Dkt. No. 30], is DENIED and defendants request for additional time is GRANTED; however, to ensure that no funds are irreversibly disbursed from the Anti-Weaponization Fund while plaintiffs' Motion is pending. ORDERED that defendants be and are ENJOINED from taking any further action pursuant to the creation or operation of the Anti-Weaponization Fund, which includes the transferring of money to the Fund; the consideration of any claims submitted to the Fund; and the disbursing of any funds from the Fund. ORDERED that defendants file their Opposition to plaintiffs' Motion by close of business on Friday, June 5, 2026. ORDERED that plaintiffs file their Reply by close of business on Wednesday, June 10,2026. ORDERED that the hearing on plaintiffs' Motion currently noticed for Friday, June 5, 2026, at 10:00 am be and is RESET to Friday, June 12, 2026 at 10:00 am. Signed by District Judge Leonie M. Brinkema on 5/29/2026. (kgall) (Entered: 05/29/2026)	Clearinghouse
33	May 29, 2026	SUMMONS Returned Executed by City of New Haven, Jonathan Caravello, Andrew Floyd, National Abortion Federation, Common Cause Anti-Weaponization Fund served on 5/28/2026, answer due 7/27/2026; Department of the Treasury served on 5/28/2026, answer due 7/27/2026 (Attachments: # 1 Affidavit Department of Treasury, # 2 Affidavit Service of the US Attorney)(McElvain, Joel) Modified to correct answer due date on 6/2/2026 (swil). (Entered: 05/29/2026) 2 View on RECAP	RECAP
33	May 29, 2026	SUMMONS Returned Executed by City of New Haven, Jonathan Caravello, Andrew Floyd, National Abortion Federation, Common Cause Anti-Weaponization Fund served on 5/28/2026, answer due 7/27/2026; Department of the Treasury served on 5/28/2026, answer due 7/27/2026 (Attachments: # 1 Affidavit Department of Treasury, # 2 Affidavit Service of the US Attorney)(McElvain, Joel) Modified to correct answer due date on 6/2/2026 (swil). (Entered: 05/29/2026) 2 View on RECAP	RECAP
	May 29, 2026	Set Motion and R&R Deadlines/Hearings
	May 29, 2026	Set Motion and R&R Deadlines/Hearings
	May 29, 2026	Set Deadlines as to 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing, 27 MOTION to Stay Under 5 U.S.C. § 705. Motion Hearing set for 6/12/2026 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (kgall)
	May 29, 2026	Set Deadlines as to 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing, 27 MOTION to Stay Under 5 U.S.C. § 705. Motion Hearing set for 6/12/2026 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (kgall)
34	May 30, 2026	NOTICE of Consent to Electronic Service of Process by Joseph Camp (swil) Modified on 6/2/2026 (swil). (Entered: 06/02/2026)	RECAP
34	May 30, 2026	NOTICE of Consent to Electronic Service of Process by Joseph Camp (swil) Modified on 6/2/2026 (swil). (Entered: 06/02/2026)	RECAP
35	June 2, 2026	MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiff's Motion for Preliminary Injunction by Juan Campo. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(swil) (Entered: 06/03/2026) 1 Exhibit A View on RECAP 2 Proposed Order View on PACER	RECAP
35	June 2, 2026	MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiff's Motion for Preliminary Injunction by Juan Campo. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(swil) (Entered: 06/03/2026) 1 Exhibit A View on RECAP 2 Proposed Order View on PACER	RECAP
36	June 3, 2026	SUMMONS Returned Executed by City of New Haven, Jonathan Caravello, Andrew Floyd, National Abortion Federation, Common Cause Scott Bessent served on 6/1/2026, answer due 7/27/2026; Todd Blanche served on 5/29/2026, answer due 7/27/2026; Department of Justice served on 5/29/2026, answer due 7/27/2026; Stanley Woodward, Jr served on 6/1/2026, answer due 7/27/2026 (Attachments: # 1 Affidavit for Department of Justice, # 2 Affidavit for Todd Blanche, # 3 Affidavit for Bessent)(McElvain, Joel) (Entered: 06/03/2026)	RECAP
36	June 3, 2026	SUMMONS Returned Executed by City of New Haven, Jonathan Caravello, Andrew Floyd, National Abortion Federation, Common Cause Scott Bessent served on 6/1/2026, answer due 7/27/2026; Todd Blanche served on 5/29/2026, answer due 7/27/2026; Department of Justice served on 5/29/2026, answer due 7/27/2026; Stanley Woodward, Jr served on 6/1/2026, answer due 7/27/2026 (Attachments: # 1 Affidavit for Department of Justice, # 2 Affidavit for Todd Blanche, # 3 Affidavit for Bessent)(McElvain, Joel) (Entered: 06/03/2026)	RECAP
37	June 3, 2026	NOTICE of Appearance by Catherine Mary Agnes Carroll on behalf of Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation (Carroll, Catherine) (Entered: 06/03/2026)	RECAP
37	June 3, 2026	NOTICE of Appearance by Catherine Mary Agnes Carroll on behalf of Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation (Carroll, Catherine) (Entered: 06/03/2026)	RECAP
38	June 3, 2026	NOTICE of Appearance by Cory Booker, Bill Cassidy (swil) (Entered: 06/04/2026)	RECAP
38	June 3, 2026	NOTICE of Appearance by Cory Booker, Bill Cassidy (swil) (Entered: 06/04/2026)	RECAP
39	June 3, 2026	MOTION on Behalf of United States Senators Cory Booker and Bill Cassidy as Amici Curiae in Support of Plaintiffs by Cory Booker, Bill Cassidy. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(swil) (Entered: 06/04/2026) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	RECAP
39	June 3, 2026	MOTION on Behalf of United States Senators Cory Booker and Bill Cassidy as Amici Curiae in Support of Plaintiffs by Cory Booker, Bill Cassidy. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(swil) (Entered: 06/04/2026) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	RECAP
40	June 4, 2026	Motion to appear Pro Hac Vice by Aaron Haier and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
40	June 4, 2026	Motion to appear Pro Hac Vice by Aaron Haier and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
41	June 4, 2026	Motion to appear Pro Hac Vice by Angela Cai and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
41	June 4, 2026	Motion to appear Pro Hac Vice by Angela Cai and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
42	June 4, 2026	Motion to appear Pro Hac Vice by Conor Bradley and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
42	June 4, 2026	Motion to appear Pro Hac Vice by Conor Bradley and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
43	June 4, 2026	Motion to appear Pro Hac Vice by Matthew Platkin and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
43	June 4, 2026	Motion to appear Pro Hac Vice by Matthew Platkin and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
44	June 4, 2026	Motion to appear Pro Hac Vice by Ravi Ramanathan and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
44	June 4, 2026	Motion to appear Pro Hac Vice by Ravi Ramanathan and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
45	June 4, 2026	Motion to appear Pro Hac Vice by Norman Eisen and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP
45	June 4, 2026	Motion to appear Pro Hac Vice by Norman Eisen and Certification of Local Counsel Samantha Bateman Filing fee $ 75. by Cory Booker, Bill Cassidy. (Bateman, Samantha) (Entered: 06/04/2026)	RECAP

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Case Details

State / Territory:

Virginia

Case Type(s):

Public Benefits/Government Services

Presidential/Gubernatorial Authority

Speech and Religious Freedom

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: May 22, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A former federal prosecutor, a professor, a municipality, and two nonprofit organizations challenging the creation of the Anti-Weaponization Fund.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

State Plaintiff

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Anti-Weaponization Fund

United States Department of Justice

United States Department of the Treasury

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Separation of Powers

Other Dockets:

Eastern District of Virginia 1:26-cv-01399

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Discrimination Area:

Content/viewpoint discrimination

General/Misc.:

Anti-weaponization fund

Recommended Citation

Case Summary of Floyd v. Department of Justice, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48257/ (last updated 8/11/2026).

Case: Floyd v. Department of Justice

1:26-cv-01399 | U.S. District Court for the Eastern District of Virginia

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Docket for: Floyd v. Department of Justice

Case Details