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Margot Cleveland Profile picture
@ProfMJCleveland
Feb 26 • 7 tweets • 4 min read • Read on X
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🚨BREAKINGish: Just now getting to Motion for Emergency Stay in D.C. Circuit. The brief is stellar and highlight huge problems in order. Take these passage: 1/ Image
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2/ Particularly repulsive is Court's order to pay money supposedly due under a contract where federal government has immunity absent a waiver and the waiver provided for suits only in a Court of Claims. Image
3/ This passage exemplifies @shipwreckedcrew point that Trump Administration goaded judge to enter an unwise order, which I hammered in different language noting that's what happened in the McConnell case, noting Trump Administration has been extremely strategic in litigation. Image
4/ This point needs emphasizing too: Everyone is saying this funds are money already due for past work. Not so fast. USAID was being run by, lacking in a more literary example, Boss Hog, Image
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5/ Also, again on the goading point: DOJ forced court to expressly hold what it was being more coy about--and that establishes it isn't a TRO but an injunction subject to immediate appeal. Image
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6/6 In short: Read the Motion for Stay as it highlights how crazy lower court's order was. D.C. Circuit would be wise to stay, but if it refuses SCOTUS seems sure too, if for no other reason to avoid "constitutional crisis" where judge orders Trump Administration to do something it can't, leaving it in contempt.
7/ Sorry I forgot the link: storage.courtlistener.com/recap/gov.usco…

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More from @ProfMJCleveland

Margot Cleveland Profile picture
Feb 28
🚨BREAKING: Response filed by Plaintiffs (grantees) in SCOTUS. 1/
2/ Link: Comments to follow. supremecourt.gov/DocketPDF/24/2…
3/ AIDS Vaccine & Global Grift basically argue emergency is one of Trump's own making & Trump can't appeal a TRO. Problem is that the order entered was an injunction (pay $2 billion) and not a TRO. Image
Read 11 tweets
Margot Cleveland Profile picture
Feb 28
🚨New suit filed against Trump Administration challenging anti-DEI EO. This case illustrates a couple points I want to highlight. 1/
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!storage.courtlistener.com/recap/gov.usco…
3/ Second, this case allows me to explain broader point of what happens with all this litigation practically. This lawsuit challenges DEI EOs. It presents many of same claims (if not all), presented by National Ass. of Diversity Officers in an earlier case.
Read 16 tweets
Margot Cleveland Profile picture
Feb 28
🧵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/ Image
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2/ They sought an injunction to bar implementation of an EO and to stop "suspension" of refugee funding. But Trump Administration did neither: They decided independently of EO to terminate funding--which means the injunction is worthless to plaintiffs.
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.
Read 8 tweets
Margot Cleveland Profile picture
Feb 28
🚨💣BREAKING: State Department files a letter of change of material fact stating it has now terminated its contracts with USCCB meaning there can only be a contract claim at issue which must go to Court of Claims. 1/
2/ Here's letter: storage.courtlistener.com/recap/gov.usco…
3/ The Administrative Procedure Act claims were silly to begin with: There was no "final agency action" when you are talking about contracting etc. But now as letter notes, there can't possibly be one.
Read 4 tweets
Margot Cleveland Profile picture
Feb 27
Here's the Supreme Court docket link for emergency application filed last night by Trump Administration re lower court's order to Trump to pay $2 billion in contracts/grants by midnight. J. Roberts stayed the order.
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.
3/ to one specific court, the Court of Claims. (I also don't think gov't can waive sovereign immunity by not raising it). Thus, Trump's point that court lacks authority to order payment of contracts/grants is one SCOTUS not only can but must decide on its own & can't be waived.
Read 4 tweets
Margot Cleveland Profile picture
Feb 27
🚨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. 1/ Image
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?
3/ As Dellinger notes, in 3 days, the normal appellate process will go forward, which will allow Trump to see a stay during the proceedings. SCOTUS's effort at "prudence" again backfired. Will they realize that or not is the question?
Read 7 tweets

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