Additional Briefings Needed, In NY’s Hudson Tunnel De-Funding Case, According To USDC Judge…

While Tangerine 2.0’s appeal of his preliminary injunction loss, to the Second Circuit, remains pending, the trial court is moving forward toward a full trial on the merits — the fact that Trump cut funding to construction workers is. . . appalling, when the NY/NJ commissioners would not rename the the tunnel after Trump. Damn him. [My prior backgrounders are voluminous, but here is the last prior one.]

In any event, the workers are now getting paychecks — and work is steadily progressing, while the matter wends its way to trial in federal court in Manhattan — here is the latest trial court USDC order, from yesterday:

…The Court requires supplemental briefing from the parties with respect to certain of the jurisdictional issues that have been raised by the pending motions in this matter.

By Wednesday, May 6, 2026, Plaintiffs shall submit a letter brief of no more than four (4) pages, single spaced, addressing the following questions:

(1) With respect to the RRIF loans, is it Plaintiffs’ position that the suspension of those loans violates 2 C.F.R. § 200.339 and 2 C.F.R. § 200.342, which appear to be limited to grants? If so, Plaintiffs should set forth the manner in which the September 30 Suspension of the loans is in violation of the stated regulations.

(2) If the answer to the prior question is no, what is the source of rights for Plaintiffs’ claims relating to the suspension of the RRIF loans?

(3) If Plaintiffs’ only source of rights with respect to the prior question is the APA itself, to what extent can the APA itself provide the requisite source of rights under the Megapulse test?

[Team Trump] may file a responsive letter brief of no more than four (4) pages, single spaced, by May 13, 2026….

Now you know — given the storm forecasts, I’ve decided not to fly down to the Derby — but will watch it on TV tomorrow, and get some bets down, via the TwinSpires betters’ app. Smile. . . .

नमस्ते