FireAg said:
Should this be viewed as essentially a warning to lower courts to stop operating outside the Constitution?
Looks like I'll be updating my pinned post of lawsuits soon! https://t.co/X1KJ9kL9eY
— Margot Cleveland (@ProfMJCleveland) February 27, 2025
2/ The ability of court to extend the TRO is precisely why I called SCOTUS's "abeyance" "decision" bizarre. Either the infringement on Article II power was bad enough to immediately halt (it was) or it wasn't. So, of course, now what's waiting 3 more days? https://t.co/WNTFmBAh3u
— Margot Cleveland (@ProfMJCleveland) February 27, 2025
LOL. While technically true that the TRO may expire by its current terms, the judge has already extended it before.Quote:
Dellinger, fired Special Counsel, filed response letter to SCOTUS, after lower court extended the 3-day stay. He tells justices, don't intervene, the Application will be Moot in 3 days & then the appeals process can take place
aggiehawg said:LOL. While technically true that the TRO may expire by its current terms, the judge has already extended it before.Quote:
Dellinger, fired Special Counsel, filed response letter to SCOTUS, after lower court extended the 3-day stay. He tells justices, don't intervene, the Application will be Moot in 3 days & then the appeals process can take place
The plaintiff in Roe v. Wade was no longer pregnant either but SCOTUS chose not to find the case moot.
Just remember the old quote about SCOTUS.Quote:
Now, I think Dellinger loses on the merits, but Supreme Court interference at this stage seems highly irregular
My only concern about SCOTUS interference at this point is the precedent it would set on appealability of TROs.aggiehawg said:Just remember the old quote about SCOTUS.Quote:
Now, I think Dellinger loses on the merits, but Supreme Court interference at this stage seems highly irregular
We are not final because we are infallible. We are infallible because we are final.
You are absolutely correct on predicting this Court. Time to spin the Wheel O' Decisions and find out where it falls!aggiehawg said:
Meant no offense. Lighten up Francis.
Predicting this Court and in particular, CJ Roberts is more often than not a fool's errand, so to speak.
Judge Ho has ordered the DOJ to file any opposition to Mayor Adams’ new bid to get his case thrown out with prejudice by March 7, setting up Acting DAG Emil Bove to make a case for keeping the door open to refiling charges he’s trying to get dismissed pic.twitter.com/xC0r6jqUig
— Molly Crane-Newman (@molcranenewman) February 27, 2025
Indeed. Even Gorsuch surprises me now and then. And I can never get a feel on ACB.jacketman03 said:You are absolutely correct on predicting this Court. Time to spin the Wheel O' Decisions and find out where it falls!aggiehawg said:
Meant no offense. Lighten up Francis.
Predicting this Court and in particular, CJ Roberts is more often than not a fool's errand, so to speak.
The judge said he can't stop agencies from terminating those employees on their own but that they cannot be ordered by OPM to do so.
— Kyle Cheney (@kyledcheney) February 27, 2025
The judge also wants OPM boss Charles EZELL to testify under oath next month about his communications to agencies about terminations.
Again, no. Courts do not run the Executive branch.will25u said:The judge said he can't stop agencies from terminating those employees on their own but that they cannot be ordered by OPM to do so.
— Kyle Cheney (@kyledcheney) February 27, 2025
The judge also wants OPM boss Charles EZELL to testify under oath next month about his communications to agencies about terminations.
Type, type, type, type, hit send all. Agency heads send out emailswill25u said:The judge said he can't stop agencies from terminating those employees on their own but that they cannot be ordered by OPM to do so.
— Kyle Cheney (@kyledcheney) February 27, 2025
The judge also wants OPM boss Charles EZELL to testify under oath next month about his communications to agencies about terminations.
Exactly. If the agency whose employees are being terminated objects, they can go to the head of the executive branch to question the OPM's jurisdiction and power to force the terminations. The head of the executive branch can decide which group he wants to have power over staffing the other agencies/departments There is no role for a judge to be making these kinds of decisions. If the legislature doesn't like it, they can withhold funding to the executive branch until the reach agreement on what needs to be funded. This is civics 101 level stuff.Ellis Wyatt said:Again, no. Courts do not run the Executive branch.will25u said:The judge said he can't stop agencies from terminating those employees on their own but that they cannot be ordered by OPM to do so.
— Kyle Cheney (@kyledcheney) February 27, 2025
The judge also wants OPM boss Charles EZELL to testify under oath next month about his communications to agencies about terminations.
Apparently not. Federal judges never learned that concept, in DC.Quote:
Exactly. If the agency whose employees are being terminated objects, they can go to the head of the executive branch to question the OPM's jurisdiction and power to force the terminations. The head of the executive branch can decide which group he wants to have power over staffing the other agencies/departments There is no role for a judge to be making these kinds of decisions. If the legislature doesn't like it, they can withhold funding to the executive branch until the reach agreement on what needs to be funded. This is civics 101 level stuff.
🚨BREAKING: Trump Administration filed appeal from Preliminary Injunction barring implementation of his DEI EOs. District court is also considering motion to stay & will rule on that tomorrow. https://t.co/Qy4NEhZzAL
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
🧵I updated below this case related to Trump freezing resettlement funding. District court oral granted Preliminary Injunction with order to follow. Next day Trump terminated contract. Plaintiffs filed Motion seeking to enforce oral PI, but note what Plaintiffs sought. 1/ https://t.co/I57BCVgjcV pic.twitter.com/JILFFZz2nk
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
3/ In similar case, against USCCB Trump Admin. just filed Notice of Change in Material Fact noting it terminated funding to bishops so at this stage the lawsuit has no basis b/c only thing left to fight about is money due & that goes to Court of Claims. https://t.co/Cn6MqNh9SF
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
5/ Because in those cases, Judge Ali went way beyond authority and actually enjoined Trump from canceling grants based on independent authority & order him to pay money--which is why Justice Robert's immediately stayed an order to enforce requiring payment of $2 Billion.
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
2/ Here's letter: https://t.co/7ovzJiW78U
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
4/4 This same approach will be happening in other TRO/PI cases, as seen earlier in case with Diversity Officers. Trump's legal team has thought this approach through carefully and as I've been saying has been extremely strategic.
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
2/ One additional point on this case: What is called "Subject Matter Jurisdiction" or the power of a court to hear a case, cannot be waived. And it can be raised by a Court sua sponte (on its own) at anytime. Congress expressly limited SMJ over contract claims against govt.
— Margot Cleveland (@ProfMJCleveland) February 27, 2025
4/4 Of course, doesn't mean SCOTUS will take case, but if it does that issue cannot be punted (unless there is another basis to overturn).
— Margot Cleveland (@ProfMJCleveland) February 27, 2025
2/ Here is complaint, which highlights first point: If you skim you can see how much federal money is being pushed out to "non-profits" on spurious grounds. Hydra demands to be fed!https://t.co/5d22AWSgyZ
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
Anne wants to know how much money this "non-profit" receives. Well last 5 years of grants & contracts. 1/ https://t.co/Tgp7Euf60v pic.twitter.com/svjPUDdYFe
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
🚨BREAKING: Response filed by Plaintiffs (grantees) in SCOTUS. 1/ https://t.co/TFvV8NQyPw
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
4/ Also even TRO was an injunction b/c it didn't stop government from "freezing" any more but to ACT by releasing money, which grantees even acknowledge: pic.twitter.com/o97gkgYaJv
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
And here's another:
— Shipwreckedcrew (@shipwreckedcrew) February 28, 2025
The district court was best positioned to determine the scope of its prior orders, the extent of the government’s compliance, and any appropriate remedial steps. This Court is
particularly ill-positioned to second-guess the district court here given that… https://t.co/HAbEKBDegw
2/ Here's link to complaint. https://t.co/xzf7tD7VuM
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
4/4 Win or lose, after Trump 2.0 separation of powers & the executive power will be well-defined. . . and hopefully the Administrative State Hydra killed.
— Margot Cleveland (@ProfMJCleveland) February 28, 2025