— Margot Cleveland (@ProfMJCleveland) March 13, 2025
2/ Of interest is the exception incorporated that actually allows for removal of alien expressly based on alien's "beliefs, statements, or associations," in other words what we would consider pure First Amendment activities, so long as Rubio makes "personal" determination. pic.twitter.com/rBMKa89ZUW
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
4/ Interestingly, Judge Trump held that statutory provision was unconstitutional, here, but was overturned. https://t.co/O3SAlTTpHa
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
6/6 I haven't been able to find other precedent on the constitutionality of this provision but I also only did the down and dirty courtlistener search. Anyone with Westlaw want to try?
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
Quote:
A federal judge on Thursday ordered federal agencies to rehire tens of thousands of probationary employees who were fired amid President Donald Trump's turbulent effort to drastically shrink the federal bureaucracy.
U.S. District Judge William Alsup described the mass firings as a "sham" strategy by the government's central human resources office to sidestep legal requirements for reducing the federal workforce.
LINKQuote:
Alsup, a San Francisco-based appointee of President Bill Clinton, ordered the Departments of Defense, Treasury, Energy, Interior, Agriculture and Veterans Affairs to "immediately" offer all fired probationary employees their jobs back. The Office of Personnel Management, the judge said, had made an "unlawful" decision to terminate them.
The order is one of the most far-reaching rejections of the Trump administration's effort to slash the bureaucracy and is almost certain to be appealed.
Alsup also lashed out at the Justice Department over its handling of the case, saying he believes that Trump administration lawyers were hiding the facts about who directed the mass firings.
"You will not bring the people in here to be cross-examined. You're afraid to do so because you know cross examination would reveal the truth," the judge said to a DOJ attorney during a hearing Thursday. "I tend to doubt that you're telling me the truth. … I'm tired of seeing you stonewall on trying to get at the truth."
Alsup also said the administration attempted to circumvent federal laws on reducing the workforce by attributing the firings to "performance" when that was not in fact the case. The judge called the move "a gimmick."
The left doesn't care.Ellis Wyatt said:
Blatantly unconstitutional edict by the judge.
Ellis Wyatt said:
Blatantly unconstitutional edict by the judge.
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
"Well, those executive branch bodies may not be acting independently of the executive branch because Trump has changed them, so I need to give my two cents, but don't call me some wild eyed San Francisco liberal judge."Ellis Wyatt said:
Blatantly unconstitutional edict by the judge.
Re federal judge "ordering" reinstatement of probationary workers...this was the original order entered as a TRO: 1/ pic.twitter.com/AHB6JDkMBj
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
3/ I need to see what Court eventually says in order, but my "gut" is Plaintiffs will end up needing to seek to enforce because agencies want those probationary workers fired w/ or w/o OMB's directive. At that point, Court will be forced to order (or not order) reinstatement.
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
5/ Because Court's order applies to OMB & tells OMB what to do/not do and doesn't order reinstatement, Trump Administration can hold off on seeking stay/appeal for now...which is why they likely hadn't appealed TRO.
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
7/7 Although this article is focused on funding freezes/terminations and not firings, but it sidles near the same issues. One on firings will be another deep dive article to come. https://t.co/TBwcWVXjKb
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
Team Trump just filed an emergency petition to the Supreme Court of the United States of America to make a decision regarding birthright.
— Insurrection Barbie (@DefiyantlyFree) March 13, 2025
Quote:
The Trump administration on Thursday asked the Supreme Court to allow it to enforce an executive order signed by President Donald Trump ending birthright citizenship the guarantee of citizenship to virtually anyone born in the United States. In a trio of near-identical filings] by Acting Solicitor General Sarah Harris, the administration urged the justices to partially block preliminary injunctions, issued by federal district judges in Seattle, Maryland, and Massachusetts, that bar the government from implementing Trump's executive order anywhere in the country.
Harris contended that the kind of nationwide (sometimes described as "universal") injunctions issued in the three cases "transgress constitutional limits on courts' powers" and "compromise the Executive Branch's ability to carry out its functions." "This Court," she wrote, "should declare that enough is enough before district courts' burgeoning reliance on universal injunctions becomes further entrenched."
LINKQuote:
Harris instead urged the justices to strictly limit the district judges' orders to block the enforcement of the order only to a much smaller group: the individual plaintiffs in the three cases, the specific members of the groups challenging the order who are identified in a complaint, and if the court agrees that states have a legal right to challenge the order residents of those states. At the very least, she added, the federal government should be able to take "internal steps to implement" the executive order while the litigation continues, even if it cannot enforce it.
Quote:
Sovereign immunity bars a federal court from entering a damage award against the government, absent its consent. And in the case of grants or contract disputes, the federal government has consent to litigation only in a specialized court which has exclusive jurisdiction to hear such disputes, called the Court of Claims. Thus, any dispute over whether the Trump Administration has wrongfully failed to pay on grants or contracts, or improperly terminated a grant or contract, must be brought in the Court of Claims and not a federal district court. Accordingly, the Trump Administration argues, the district courts lack jurisdiction to consider the Plaintiffs' claims in the above lawsuits. That remains true, the president argues, regardless of the legal theories on which the plaintiffs rely, such as the APA.
Quote:
Temporary Restraining Orders: In the majority of the cases identified above, the Plaintiffs immediately after filing the complaints sought a "Temporary Restraining Order" to enjoin the Trump Administration from freezing or withholding funds. To obtain a temporary restraining order (TRO), the Plaintiffs must satisfy a stringent standard, establishing a strong likelihood of success on their legal claims and that they will suffer irreparable harm if the Defendants are not immediately restrained.
LINKQuote:
Several judges entered TROs against the Trump Administration, but some of those went beyond "maintaining the status quo," and purported to order the Trump Administration to act (as opposed to not act) by, for instance, unfreezing grants or paying on grants. Such an order is in actuality an "injunction" and not a TRO. That matters because TROs are generally not appealable, while an injunction can be immediately appealed.
A TRO is, as the name says, "temporary." Courts must then promptly hold a hearing on a Motion for a preliminary injunction to decide whether to issue an injunction pending resolution of the case on the merits of the claim. To prevail on a preliminary injunction, Plaintiffs must again show a likelihood of success on the merits, that they will suffer irreparable harm, and that the potential harm to them outweighs the harm to the government. A preliminary injunction can be appealed immediately.
Additionally, the party enjoined may seek a stay from the courts, putting the injunction on hold during the pendency of the appeal. Courts will only grant a stay if the party's appeal has a strong likelihood of success.
🚨Trump Administration seeks stay of nationwide injunctions in birthright citizenship cases....once again showing how strategic administration is in litigation. Issue presented focuses on the "nationwide" aspect of injunctions only--something SCOTUS has criticized of later. 1/
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
3/3 So bottom line: This is not really about birthright citizenship but about nationwide injunctions!
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
Have to wonder if this was Clarence Thomas' idea.will25u said:🚨Trump Administration seeks stay of nationwide injunctions in birthright citizenship cases....once again showing how strategic administration is in litigation. Issue presented focuses on the "nationwide" aspect of injunctions only--something SCOTUS has criticized of later. 1/
— Margot Cleveland (@ProfMJCleveland) March 13, 20253/3 So bottom line: This is not really about birthright citizenship but about nationwide injunctions!
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
...as I've been saying since day one, the bond "requirement" isn't going to stop the law fare because the same court's granting ridiculous TROs will deny bond...case in point: 1/ pic.twitter.com/aRKovkJ6E1
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
Knock those out. Nationwide injunctions are easily the most anti- "democratic" thing destroying voter say next to unelected regulatory bureaucrats having the power of coercion.will25u said:🚨Trump Administration seeks stay of nationwide injunctions in birthright citizenship cases....once again showing how strategic administration is in litigation. Issue presented focuses on the "nationwide" aspect of injunctions only--something SCOTUS has criticized of later. 1/
— Margot Cleveland (@ProfMJCleveland) March 13, 20253/3 So bottom line: This is not really about birthright citizenship but about nationwide injunctions!
— Margot Cleveland (@ProfMJCleveland) March 13, 2025
Quote:
Trump explains that one of the things a well-functioning court does is deter frivolous litigation, and one of the ways it does this is through Federal Rule of Civil Procedure 65(c):What's important to note (this is me, not Trump), is the language of subsection (c) does not make this security optional. Instead, it's mandatory, although the government never seems to have bothered pushing for security before:Quote:
One key mechanism is Federal Rule of Civil Procedure 65(c) (Rule 65(c)), which mandates that a party seeking a preliminary injunction or temporary restraining order (injunction) provide security in an amount that the court considers proper to cover potential costs and damages to the enjoined or restrained party if the injunction is wrongly issued.
LINKQuote:
The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. The United States, its officers, and its agencies are not required to give security. (Emphasis mine.)
Federal judges issued 15 nationwide injunctions against the Trump Administration in February alone. In just one month, that's more nationwide injunctions than there were issued for the first three YEARS of the Biden Administration.
— Charlie Kirk (@charliekirk11) March 13, 2025
District court judges are out of control.…
Hoping we see the nationa-wide injunction practice extinct and abolished after the 47 admin. But if we don't Republicans need to do the very same thing and just as often next time, UNLESS the Dem happens to actually seek to govern from the center rather than push hard Left agendas.will25u said:Federal judges issued 15 nationwide injunctions against the Trump Administration in February alone. In just one month, that's more nationwide injunctions than there were issued for the first three YEARS of the Biden Administration.
— Charlie Kirk (@charliekirk11) March 13, 2025
District court judges are out of control.…
More from court hearing yesterday before Obama appointee and failed Trump slayer Beryl Howell in Perkins Coie lawsuit against the president related to his executive order against the law firm.
— Julie Kelly 🇺🇸 (@julie_kelly2) March 14, 2025
Howell is a Trump-Russia election collusion truther.
And she didn't just "read the… pic.twitter.com/MdqzvSW9aX
Grandma Howell--who is bitter her best efforts did not result in a conviction of Pres Trump--oddly says he has a "bee in his bonnet" about Perkins Coie. pic.twitter.com/R9gVZtNSQZ
— Julie Kelly 🇺🇸 (@julie_kelly2) March 14, 2025
— Margot Cleveland (@ProfMJCleveland) March 14, 2025
Evergreen! pic.twitter.com/cEou5vj8nI
— Margot Cleveland (@ProfMJCleveland) March 14, 2025
Why when these started, I jus yawned. So stupid.Stat Monitor Repairman said:
Everything we've seen was within the plenary powers of the executive branch ... up until 53-days ago.
Wild how 21-state AGs challenge cuts at the US Department of Education and nobody even sniffs the word standing.
Lawfare rolls on ...
Makes you want to see the courts revisit the issue of standing in a bunch of election fraud cases, doesn't it?Stat Monitor Repairman said:
Everything we've seen was within the plenary powers of the executive branch ... up until 53-days ago.
Wild how 21-state AGs challenge cuts at the US Department of Education and nobody even sniffs the word standing.
Lawfare rolls on ...
If you read the petition to SCOTUS on the birthright citizenship, requests SCOTUS to review not only the nationwide injunction issue but the standing of the states to bring those type of cases. Revisiting that epic punt of SCOTUS in the Texas election case.txags92 said:Makes you want to see the courts revisit the issue of standing in a bunch of election fraud cases, doesn't it?Stat Monitor Repairman said:
Everything we've seen was within the plenary powers of the executive branch ... up until 53-days ago.
Wild how 21-state AGs challenge cuts at the US Department of Education and nobody even sniffs the word standing.
Lawfare rolls on ...