Margot Cleveland Profile picture
Senior Legal Correspondent @FDRLST, Of Counsel @NCLALegal, ~25 yrs 7thCir law clerk, former full-time univ. faculty, Catholic conservative, wife to DH/mom to DS

Aug 15, 7 tweets

🚨🚨🚨BREAKING: Another Trump win on appeal with D.C. Circuit vacating preliminary injunction. Order isn't loading yet so details to follow. 1/

2/ Here's what the case is about:

3/ And this isn't one of the cases where things were stayed, meaning this decision now frees the Trump Administration to get back to work. The court had originally stayed a portion of the injunction, allowing Trump to fire folks but then Plaintiffs claimed Trump didn't make individualized assessment so Court of Appeals decided it wasn't going to get into that morass and just said Trump can't fire anyone (it shouldn't have and I believe one of the judge's dissented on that cop out).

4/ One key holding is district courts lack jurisdiction to consider employee claims:

5/ I think this is the first time a court has analyzed the point I've been screaming about for months that the APA (Administrative Procedure Act) is NOT a sue-all statute that allows you to challenge anything.

6/ This language aptly explains what the lower courts have wrongly been doing!

7/ The opinion has many other aspects that are extremely helpful for shutting down the abuse of the APA and resort to so-called "equitable causes of action" to stop Trump. Here's the full opinion. A HUGE WIN FOR TRUMP. storage.courtlistener.com/recap/gov.usco…

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