Margot Cleveland Profile picture
Mar 5 5 tweets 2 min read Read on X
🧵on SCOTUS order on denial in AIDS Vaccine/Global Health Case. Justice Alito's dissent said it best when he opened with "I am stunned." But a note on what the majority actually did, which is slightly different than it appears--an is even more outrageous. 1/
2/ In denying the Application, the majority added this sentence. What does that mean? The majority is stressing the lower court Order the Trump Administration challenged isn't currently operative & it is telling Court it needs to enter a new order w/ more clarity. Image
3/ And is suggesting to the lower court that the order it entered was inappropriate. The majority, or rather Barrett & Roberts since the three leftist justices will vote as block against all things Trump, are still living in a fantasy world thinking they are being prudent.
4/ They aren't: At this stage the most prudent course of action is to halt the outrageous Coup by Court Order we are seeing unfold.
5/5 Here are the key excerpts that hammer these points & the link. This case is far from over and sadly that is the problem: Supreme Court has allowed single judge control over aspects of the executive authority that rests solely in President Trump.

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More from @ProfMJCleveland

Mar 7
🧵I'm reposting this with a little thread to explain because it really is important to understand what is going on here. As backdrop: Dellinger was the Special Counsel whom Trump fired. A district court ordered him reinstated temporarily 1/
2/ The district court then entered final judgment declaring Dellinger WAS Special Counsel & couldn't be fired by Trump unless Trump jumped through statutory hopes. Trump then sought stay of order meaning wanted Dellinger to be considered fired during his appeal.
3/ On Wednesday, Court of Appeals entered the stay, saying Dellinger was considered fired for purposes of appeal, noting Government established high burden to get that stay meaning Government likely to win. Court of Appeals entered stay & said decision w/ reasons to come later.
Read 7 tweets
Mar 6
🚨Hearing to start in about 10. I'll be live posting. There are two issues before court today: 1) Plaintiffs' motion to enforce the TRO; and 2) Plaintiffs' motion for a preliminary injunction. If Court is wise, he will start with preliminary injunction b/c those arguments 1/
2/ will establish Judge lacks authority to enter an order to enforce the TRO that Judge had previously entered, namely an order directing government to pay the grants. Judge would also be wise to focus solely on grants to these Plaintiffs b/c SCOTUS doesn't like nationwide relief
3/ & when you are talking about paying specific grants, nationwide relief for non-plaintiffs makes even less sense. Court's only plausible "injunctive" remedy that seems feasible is order not to enter "blanket" terminations.
Read 25 tweets
Mar 6
🚨BREAKING: Joint Status Report filed that should detail where Trump Administration is on grants/contracts it was ordered under TRO to pay (unless it legally didn't have too). 1/
3/ Plaintiffs in short say Trump Administration is not paying and needs to be ordered to process payments like Biden Administration did. Trump Admin. responds that they had no control & we are processing. Key is here though: Image
Image
Read 6 tweets
Mar 6
🚨🚨🚨BREAKING: Court enters preliminary injunction barring freezing/termination etc. of federal grants/contracts. 1/ Image
Image
3/ This is case where judge had to walk back his order because Trump Administration was canceling pursuant to legal authority. That is still permitted. What Court appears to have done instead of noting that, though, injunctive language is bar the "categorical" freeze, etc.
Read 5 tweets
Mar 5
🚨🚨🚨BOOM: 1/ Image
2/ Fifth Circuit just entered stay pending appeal giving effect to Trump's removal of Dellinger!!
Order here: storage.courtlistener.com/recap/gov.usco…
3/3 Opinion to follow but note Court says Trump met very high standard!
Read 5 tweets
Mar 5
🔥Justice Alito said it best: 1/ Image
2/ Image
Image
3/The majority is acting as fools: When Courts are willing to assist in a coup it is not prudent to pretend otherwise. Image
Read 4 tweets

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