DOJ Appeals Nashville v. DHS Vacatur of FEMA Election Conditions and Moves for a Stay, Asking for a Ruling by October 26

On October 22, 2026, the Justice Department’s Civil Division noticed an appeal to the D.C. Circuit from Judge Ali’s order vacating FEMA’s election conditions on its Homeland Security Grant Program funding (2026-09-28–judge-ali-vacates-fema-homeland-security-grant-election-conditions-and-20-percent-holdback-nashville-v-dhs), and the same day moved in the district court for a stay pending appeal. The motion argues DHS “has long recognized that election infrastructure is critical infrastructure.” It says that if the court does not grant the stay “by October 26, 2026,” the government will go to the court of appeals.

The plaintiffs’ response. The counties and cities say the request came “Twenty-four days after this Court entered final judgment,” after FEMA had already implemented the order, and that the government demanded a ruling “within two business days.” They cite FEMA “Information Bulletin No. 587,” which rescinded the conditions but says they “will immediately become effective” if the order is vacated. That is the plaintiffs’ account of a bulletin we did not read directly. They say a stay would disrupt an election already under way.

Sources

• Notice of Appeal: https://storage.courtlistener.com/recap/gov.uscourts.dcd.295627/gov.uscourts.dcd.295627.44.0.pdf
• Motion for Stay Pending Appeal: https://storage.courtlistener.com/recap/gov.uscourts.dcd.295627/gov.uscourts.dcd.295627.45.0.pdf
• Plaintiffs’ Opposition: https://storage.courtlistener.com/recap/gov.uscourts.dcd.295627/gov.uscourts.dcd.295627.48.0.pdf