3/ Here is what Trump Administration did and what lower courts order via injunctions:
4/ Court of Appeals decision is based on fundamental issue of "jurisdiction." This conclusion should have wide-spread ramifications because many of challenges to Trump Administration are about employment decisions which CONGRESS said are NOT for district courts to decide.
5/ The Court of Appeals decision is also significant because it addresses the "wholesale" "dismantling" argument being presented in several cases (such as USAID cases). The Administrative Procedures Act is NOT for such claims either & Congress did not waive such immunity!
6/ Additionally, Court of Appeals held that district court lacked jurisdiction to restore grants because Congress gave that authority to Court of Claims:
7/ Court of Appeals also notes how SCOTUS decision compels that result...which it DOES and yet district court ignored SCOTUS.
8/ Decision stressed why claims about grants must got to Court of Claims.
9/ Court of Appeals adds that Plaintiffs can't avoid Court of Claims by framing as non-APA claims:
10/ Court of Appeals again highlights that with no bond the harm to government is irreparable. Also noted that Voice of America isn't being shuttered.
11/ Court of Appeals also notes Judiciary Branch must follow the law too!
12/ In sum, this opinion is a HUGE win for Trump because it establishes 3 key principles that apply to many of the other cases being brought against Trump Administration: a) no jurisdiction over firings; b) no jurisdiction over grant terminations;
13/ c) you can't get around Congress limiting district court jurisdiction by creative pleading of claims under other theories; d) with no bond harm to government will outweigh other harm; e) public has interest in Article III obey Article I.
14/14 Final thought: It is next to impossible to reconcile opinion here with same panels refusal to clarify stay in other case involving USAID and grants from legal perspective. Practically: Judge Katas in other case figured decision on merits would be soon enough so no harm.
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OMfrickin' gosh: You HAVE to be kidding me! They opened an investigation based on the alternative electors that election lawyers concluded was the appropriate course based on the precise same situation involving Kennedy and Hawaii!!! 1/
2/ Here is a summary of the need for alternative electors and how to pretend this was a potential crime of fraud is NUTSO: thefederalist.com/2023/05/15/the…
3/ The memo itself makes clear it wasn't fraud! This investigation was for 3 purposes only: To destroy Trump; to destroy anyone connected with Trump; and to dissuade anyone in the future from connecting with Trump or any non-establishment politician.
3/ Here's full panel.
It was 3-0 for the decision. And I was correct when I had earlier said I thought the motions panel had Rovner and St. Eve. Hamilton is as hard left as you can get.
3/ Judge asks what document is President invoking statute?
DOJ: Says don't need any document, but says many documents that show all the reasons for activation in Portland.