🚨BREAKING: Judge denied TRO in case of student visa revoked holding no jurisdiction. This is how it should have worked in many of TRO cases…yes,serious questions but I don’t have jurisdiction. 1/
3/3 That is all Boasberg had to do but he ignored first question…do I have jurisdiction, as did Henderson, because Boasberg felt he just had to STOP removal.
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NEW🧵of cases against Trump Administration where proceedings have reached Supreme Court. 1/
2/ Office of Personnel Management v. American Federation of Government Employees, 24A904: Trump Admin. seeks stay & vacatur of N.D. of Cal., injunction ordering ~ 6 agencies to offer to reinstate 16,000 fired probationary employees. supremecourt.gov/search.aspx?fi…
3/Trump v. New Jersey, 24A886: Trump Admin. seeks partial stay of D.Ct. of Mass. "nationwide" injunction prohibiting Trump from giving affect to his EOs denying birthright citizenship; requests SCOTUS limit injunction to district. supremecourt.gov/search.aspx?fi…
🚨For those asking for less lawyer-talk & more lawsplaining: Trump won YUGE victory today when appellate court held he can (for now) fire members of National Labor Relations Board (considers union issues) & Merit Systems Protections Board (considers fed employee issues) 1/
2/ The decision rests on Article II authority of the Executive and half-dozen Supreme Court cases discussing when President can fire officials like Board members versus when Congress can limit that authority. Opinion contains tedious legal analysis of precedent but Trump wins.
3/ This is only temporary because it is official a "stay" of the lower court opinion ordering (injunction) reinstatement of Harris and Wilcox to NLRB and Merit Systems Protection Board. BUT more complete victory will be soon because appellate court is "expediting" (speeding up)
🚨🚨🚨BREAKING: Trump win in case involving his firing of executive officials. Lawyer version thread to be followed by layman's thread. 1/
2/ Opinion here of DC Court of Appeals decision in consolidated appeals of Harris and Wilcox. Trump fired Harris from Merit Protections Review Board and Wilcox from NLRB. storage.courtlistener.com/recap/gov.usco…
3/ WHOA! I did NOT see this coming. Rather, I predicted the Court would grant the stay because court's couldn't order reinstatement and punting issue if statutes limiting Trump's firing ability violated Humphrey's. BUT that might be Walker's only view...still reading.
🚨🚨🚨BREAKING: Trump asks SCOTUS to intervene in Alien Enemies Act case & Justice Roberts requests response.
2/ The brief is excellent and includes extensive analysis, but the bottom line is simple: Judge Boesberg LACKED jurisdiction. That's all that matters & Judge Henderson ignored that flaw.
3/ As I explained soon after the D.C. Circuit issued its decision denying a stay of the injunction barring Trump Administration from removing tDa members, that was Henderson's fatal flaw in her reasoning.
🚨Yesterday I posted the below thread about the First Circuit (appellate court) that allowed a lower court to tell Trump he had to keep paying grants and couldn't freeze them or cancel them. I suggested the injunction really had no "bite" because it was limited to blanket decisions. 1/
2/ Well a little bit ago the Trump Administration filed a brief in the lower court. The plaintiffs had claimed Trump was violating the injunctions because FEMA wasn't paying grants. Not so, Trump countered: They are reviewing and paying the grants, not freezing them.
3/ In fact, Trump Administration cites First Circuit's decision to argue it complied with the injunction because it a) wasn't a freeze; b) its action in reviewing the requires for payment under FEMA grants was NOT based on Trump's OMB directive but agencies own authority.
3/ Judge: Notes some questions raised about this judge being given this case by random assignment. He then details how random assignment happens. Basically he's just saying I was randomly assigned this case.