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Margot Cleveland Profile picture
@ProfMJCleveland
Feb 27 • 7 tweets • 2 min read • Read on X
So for those who weren't following this for last two days, what happened in short is a federal district court judge ordered Trump Administration to pay out about $2 billion in money under contracts, etc. by midnight tonight purportedly to enforce Temporary Restraining Order. 1/
2/ Trump Administration basically said: a) we couldn't if we wanted to; b) this Court lacks authority to make us pay money on contracts b/c we have sovereign immunity (i.e., we didn't give you permission to sue us), you have to sue in Court of Claims.
3/ TROs aren't generally appealable but this was a court order to do something so it should be appealable now, but when Trump appealed to D.C. Circuit, the Court refused to hear appeal & tossed case. Trump had hedged bets & also asked SCOTUS to stop judge's unlawful order.
4/ Justice Robert's granted an "Administrative Stay" basically freezing the lower court's order mandating compliance by midnight. This is huge because SCOTUS doesn't normally get involved in cases, and definitely not at such an early stage where it is before district court.
5/ But as I said yesterday when Judge did this, all hell was about to break loose and Justice Roberts likely recognized that reality: They cannot let a lone district court judge control the Executive Branch where the order is so clearly beyond the judge's authority to issue.
6/ Shame on D.C. Circuit panel (Obama & 2 Biden judges) who didn't see the huge need to stop this farce.
7/7 If you are interested in more details on this case, my pinned post lists all the cases and if you click on case of interest & look at post engagement & quote posts, I start with original case & do quote post w/ developments-so all earlier 🧵here.

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More from @ProfMJCleveland

Margot Cleveland Profile picture
Feb 27
So thanks again to @DianeAxe for sharing the link to the filing with Supreme Court. Many of the points I made below the Trump Administration highlights. Here's a great passage highlighting the constitutional significance too: 1/ Image
2/ Here's filing. documentcloud.org/documents/2554…
3/ Another point Trump's team made that should resonate is that Court's order of $2 billion was for all money and not merely those who sued. This fits SCOTUS's concern over nationwide injunctions.
Read 4 tweets
Margot Cleveland Profile picture
Feb 27
🚨🚨🚨BREAKING: Looks like the justices will be woken. 1/ Image
2/ There are two hugely significant and interrelated portions of this supposed "TRO" that merit intervention by Supreme Court. First, sovereign immunity: You can't sue federal government for money unless it grants you permission. Federal government only granted permission
3/ relevant here if you bring the claim in a federal court of claims. That's related issue: Federal district courts lack jurisdiction, i.e., power, to decide contract/grant disputes which is what DOJ is saying is at issue here. Another point which might get SCOTUS attention
Read 6 tweets
Margot Cleveland Profile picture
Feb 26
🚨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
Image
Image
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
Read 7 tweets
Margot Cleveland Profile picture
Feb 26
🚨Hearing on this hugely important case in Dellinger (fired Special Counsel ordered reinstated has pending Application before SCOTUS held in abeyance depending on outcome) starts at 10. I'll be live posting. Image
2/ Hearing starting & yea! audio works.
3/ Judge: Statute says 5 years. Defendants say statute is unconstitutional & cites case law. Is this controlled by Seila Law and if not why.
Dellinger: No. Those cases do not require but provide basis for analysis. Claims a) "inferior officers" may be removed; and b) case suggests SC is different.
Judge: Not buying "inferior officers." [Note: This "inferior officer argument is a really bad argument. Grasping type added late in case.] Judge responds Dellinger has a superior and that's it.
Dellinger: Continues to argue otherwise. [Note: Again this is a really, really, really weak argument, so I am not going to elaborate on his argument.] LOL: If you aren't persuaded, I'll stop talking about it!!!
Judge: I haven't made any decisions.
Dellinger: He's an inferior officer because he can't make any final decision. [Note: Funny because that means entire argument Elon is primary officers of re Appointment Clause false!!]
Judge: Seila Law did carve out SC which seems significant.
Dellinger: Gov't argues you can't have absolute removal for single-head of powers. Argues that's wrong noting SCOTUS even carved out SC. Argues Seila Law analysis is waste of SCOTUS time if single agent removal is always unconstitutional. (Note: This is really inside baseball argument discussing & distinguishing precedent so I'm not going to include all the texture.)
Read 23 tweets
Margot Cleveland Profile picture
Feb 26
🚨BREAKING: Trump Administration files final brief (reply) in opposition to Preliminary Injunction and in support of summary judgment (i.e., we win summarily--no need for any more to happen). Hearing set for tomorrow a.m. 1/
2/ Reply Brief nails arguments & the part re no "equitable remedy for reinstatement" will be helpful for other cases of Trump firing executive officers as it should result in TRO's ending & no PI entering. storage.courtlistener.com/recap/gov.usco…
3/ IF Judge grants Preliminary Injunction, expect Trump to immediate ask SCOTUS to enter administrative stay pending issuance of order on its Application for Vacatur (tearing up judge's order of reinstatement), as Court had held in abeyance till Wednesday.
Read 4 tweets
Margot Cleveland Profile picture
Feb 26
🚨🚨🚨BREAKING: Court enters Preliminary Injunction barring OMB from freezing awards. This was by Judge AliKhan not to be confused by Judge Ali who entered order for Trump to release millions by midnight. 1/ Image
2/ Full order: storage.courtlistener.com/recap/gov.usco…
3/ This TRO and PI do not seem to provide an exception to bar on freezing, although the language "do to the directive" gives Trump Administration basis to argue they aren't freezing grants "do to" directive. storage.courtlistener.com/recap/gov.usco…
Read 4 tweets

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