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
Like playing rope-a-dope.
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
2/2 Here's status report. Trump will be appealing this injunction too but because the exceptions (what is allowed) swallows rules (what is barred), no real rush. https://t.co/i0XWtoRsw4
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
🚨BREAKING: Plaintiff States file second motion to enforce TROs that enjoined Trump Administration from freezing grants. This is RI case where Judge McConnell had to walk back his first order to enforce. 1/ https://t.co/7ko6LQyMXr
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
3/3 In short, this is same issue percolating in other cases (including in one Supreme Court stayed), where grantees are trying to stop Trump Administration from canceling grants/contracts under terms or even reviewing b/f paying.
— Margot Cleveland (@ProfMJCleveland) February 28, 2025
— Margot Cleveland (@ProfMJCleveland) March 1, 2025
will25u said:— Margot Cleveland (@ProfMJCleveland) March 1, 2025
2/ Link. Details to follow. https://t.co/zeSpplWsed
— Margot Cleveland (@ProfMJCleveland) March 2, 2025
4/ The two-justice dissent filed earlier when SCOTUS held in obeyance focused only on remedy & said you can't order reinstatement. Period. This order is even more problematic because besides ordering reinstatement, recognizing court can't bind Trump.
— Margot Cleveland (@ProfMJCleveland) March 2, 2025
🚨Trump Administration just filed notice of appeal of Dellinger decision with D.C. Circuit Court of Appeals. Expect emergency motion for stay to follow & then same with SCOTUS. Looks like they won't wait till Monday to see what Court does with Application. pic.twitter.com/uEUORRMBQa
— Margot Cleveland (@ProfMJCleveland) March 2, 2025
I just want to build on what Margot has posted in terms of procedure and where we stand.
— Shipwreckedcrew (@shipwreckedcrew) March 2, 2025
Judge Jackson decided the case on the merits last night. She granted summary judgment in favor of Dellinger, keeping him in place as head of the Office of Special Counsel.
That is a final… https://t.co/WZd8LLFbgR
4/4 Of course Trump could then order security not to let Dellinger and IT to cut off Dellingers' access. And so long as it wasn't a defendant barred by injunction, Court can't do anything without new litigation. Again, this shows the mess this is.
— Margot Cleveland (@ProfMJCleveland) March 2, 2025
Observation about the Global Health Council v.
— Shipwreckedcrew (@shipwreckedcrew) February 26, 2025
Trump case:
This is the one @ProfMJCleveland has been covering involving recipients of funding from USAID demanding that the flow of money to them be resumed after there was a pause in payments triggered by a Pres. Trump Executive…
— Margot Cleveland (@ProfMJCleveland) March 3, 2025
🚨Court denies Trump Administration's Motion to Stay pending appeal in case below. Court had entered preliminary injunction barring implementation of DEI policies OR termination of grants. Trump has already filed appeal. 1/ https://t.co/oTlHYSbWtG
— Margot Cleveland (@ProfMJCleveland) March 3, 2025
3/3 Here's the link to the appellate docket: https://t.co/dm33moiKB0 Next step: Trump Administration will file Motion for Stay with 4th Cir. and if denied with SCOTUS.
— Margot Cleveland (@ProfMJCleveland) March 3, 2025
LAWFARE: Federal judges issued just five TROs against the Biden administration. You might not be surprised to learn they've already issued more against Trump in just his first six weeks in office. We're facing a constitutional crisis at the hands of Democrat-appointed judges.… pic.twitter.com/SRpz6pV2S3
— @amuse (@amuse) March 3, 2025
2/2 Here's complaint. Alleges violations of the Administrative Procedure Act (APA), Equal Protection Clause, & claims gov't acted beyond authority in ending temporary protected status. https://t.co/v21hgIKXFt
— Margot Cleveland (@ProfMJCleveland) March 4, 2025
Breaking: When a Federal Judge blocked Trump's attempt to terminate government credit cards, @DOGE set a spending limit of ONE DOLLAR on the cards 🤣
— Retro Coast (@RetroCoast) March 4, 2025
🚨🚨🚨BREAKING: Court entered judgment for Harris declaring she remains member of Merit Systems Protection Board. 1/ https://t.co/eM9oFoy9Cv
— Margot Cleveland (@ProfMJCleveland) March 4, 2025
— Shipwreckedcrew (@shipwreckedcrew) March 4, 2025
BREAKING: The Supreme Court has *upheld* a lower court's order forcing USAID/State to immediately pay ~$2 billion owed to contractors for work they've alreayd performed.
— Kyle Cheney (@kyledcheney) March 5, 2025
Alito/Thomas/Gorsuch/Kavanaugh dissent, https://t.co/k86ttz6Wdt pic.twitter.com/3eGu93aIL3
Not quite over yet but this was still a bad decision, in my view.Quote:
A divided Supreme Court on Wednesday turned down a request by the Trump administration to lift an order by a federal judge in Washington, D.C., that had directed the State Department and the U.S. Agency for International Development to pay nearly $2 billion in foreign-aid reimbursements for work that has already been done.
In a brief unsigned opinion, the court noted that the Feb. 26 deadline for the government to make the payments had already passed. It instructed U.S. District Judge Amir Ali to "clarify what obligations the Government must fulfill to ensure compliance" with the temporary restraining order that Ali has entered in the case, paying attention to how feasible it is for the government to comply with those timelines.
Ali is expected to hold a hearing on the aid groups' motion for a preliminary injunction which, if granted, would suspend the freeze on foreign-assistance funding going forward on Thursday, March 6.
This means that the dispute could return to the Supreme Court as an emergency appeal again soon.
Four of the court's conservative justices would have granted the government's request to put the order on hold. Justice Samuel Alito, in a dissenting opinion joined by Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh, described himself as "stunned" by the ruling, calling it "a most unfortunate misstep that rewards an act of judicial hubris and imposes a $2 billion penalty on American
These cases with mandatory injunctions dressed up as TRO's are a procedural nightmare and the Court should have addressed that as well as the separation of powers issue.Quote:
The foreign-aid recipients emphasized that, as a general rule, temporary restraining orders like the one Ali issued on Feb. 13 are not appealable. But the government has not even asked the Supreme Court to lift the TRO, they observed. Instead, it has asked the justices to lift Ali's Feb. 25 order directing the government to comply with the TRO and pay for work that had already been completed something that is even less amenable to an appeal than a TRO. Moreover, they noted, because the government has not appealed the temporary restraining order, it would still have to comply with it even if the court were to lift the Feb. 25 order.
In a one-paragraph order on Wednesday, the court emphasized that Harris's request to lift the Feb. 25 order "does not challenge the Government's obligation to follow" the Feb. 13 temporary restraining order.
Alito's dissent acknowledged Ali's "frustration with the Government," and that the aid groups had broached "serious concerns about nonpayment for completed work." But the court's denial of the Trump administration's request to lift Ali's Feb. 25 order, he contended, "is, quite simply, too extreme a response. A federal court," he suggested, "has many tools to address a party's supposed nonfeasance. Self-aggrandizement of its jurisdiction is not one of them."
Just the $2B.FireAg said:
So what's at risk? Everything or just these $2B in payments?
I sure hope so.jamieboy2014 said:
The way I'm reading this is that they're asking for clarification and not "forcing" the payments to go through because the appeal was about the deadline and not the payments themselves.
She has been very disappointing. She bends to Roberts' will too often, in my view. And Roberts wakes up in a different world everyday and is very unpredictable. That in turn means ACB is unpredictable.SA68AG said:
ACB was a bad selection by Trump.
aggiehawg said:She has been very disappointing. She bends to Roberts' will too often, in my view. And Roberts wakes up in a different world everyday and is very unpredictable. That in turn means ACB is unpredictable.SA68AG said:
ACB was a bad selection by Trump.
Conservatives are frequently disappointed with Amy Coney Barrett, but the New York Times loves her, so she's got that going for her. Here's left-wing professor Stephen Vladeck praising her. pic.twitter.com/G8hjuyPqOZ
— Mollie (@MZHemingway) March 5, 2025
Roberts and Barrett are political justices. Lightweights. Barrett deceived people into thinking she was a reliable constitutionalist. The power has gone to her head. It happens with frightening regularity the last half century. Roberts replaced a truly great chief justice,…
— Mark R. Levin (@marklevinshow) March 5, 2025
Amy Howe responds:Quote:
Any thoughts about if Bessent v. Dellinger will be released on an opinion day, or on a day not for opinions?
LINKQuote:
I think that the procedural posture is now a little weird, because Judge Amy Berman Jackson issued a permanent injunction over the weekend and the Trump administration has appealed that to the D.C. Circuit.