Eric W. Profile picture
Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa

Jan 21, 5 tweets

Big win for President Trump in the normally hostile Fourth Circuit. Can district courts enjoin President Trump's efforts to stop paying environmental and agricultural grants? Unanimously "No." Judge Rushing (Trump) wrote for a panel including Biden-appointed Judge Heytens!

Read the full opinion here: storage.courtlistener.com/recap/gov.usco…

*HUGE* finding that suits over ending grants must be redirected to the Court of Federal Claims under the Tucker Act. That means that the federal district judges who keep entering injunctions in Maryland and Virginia lack jurisdiction.

Another *VITAL* point. Plaintiffs keep suing in federal courts because they want injunctions to force President Trump to pay the grants. But the Fourth Circuit astutely notes that lack of availability of injunctive relief does not defeat exclusive jurisdiction in the CFC

A final word to the wise from the Fourth Circuit: Matryoshka dolls of nesting injunctions cannot defeat appellate review. The Fourth Circuit also removes a later-entered injunction that was a belt-and-suspenders relief for Plaintiffs

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