excalibur
Diamond Member
- Mar 19, 2015
- 28,508
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Another win for America against some District Court hack judge.
The hack Justice Jackson dissented. She is out on limb by herself sawing off the branch she's perched on.
www.scotusblog.com
The hack Justice Jackson dissented. She is out on limb by herself sawing off the branch she's perched on.
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Nearly a month after briefing in the case was complete, the court granted – in a two-paragraph opinion – the government's request. Illston's ruling rested on the premise that the executive order and the OMB/OPM memorandum were illegal, the majority explained. But because the government is in fact likely correct that the executive order and memorandum are legal, the majority continued, and the other criteria that courts consider in determining whether to grant temporarily relief are also satisfied, Illston's order should be put on hold while the government's appeal moves forward in the 9th Circuit and, if necessary, the Supreme Court.
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Justice Sonia Sotomayor wrote a one-paragraph opinion in which she agreed with the decision to grant the government's request. She stressed that the executive order instructs agencies "to plan reorganizations and reductions in force 'consistent with applicable law'" and the OMB/OPM memorandum. Because the court is not considering the legality of those plans, "and we thus have no occasion to consider whether they can and will be carried out consistent with the constraints of law," she agreed with the decision to grant relief now and allow the district court "to consider those questions in the first instance."
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Nearly a month after briefing in the case was complete, the court granted – in a two-paragraph opinion – the government's request. Illston's ruling rested on the premise that the executive order and the OMB/OPM memorandum were illegal, the majority explained. But because the government is in fact likely correct that the executive order and memorandum are legal, the majority continued, and the other criteria that courts consider in determining whether to grant temporarily relief are also satisfied, Illston's order should be put on hold while the government's appeal moves forward in the 9th Circuit and, if necessary, the Supreme Court.
...
Justice Sonia Sotomayor wrote a one-paragraph opinion in which she agreed with the decision to grant the government's request. She stressed that the executive order instructs agencies "to plan reorganizations and reductions in force 'consistent with applicable law'" and the OMB/OPM memorandum. Because the court is not considering the legality of those plans, "and we thus have no occasion to consider whether they can and will be carried out consistent with the constraints of law," she agreed with the decision to grant relief now and allow the district court "to consider those questions in the first instance."
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Supreme Court allows Trump administration to implement plans to significantly reduce the federal workforce
The Supreme Court on Tuesday cleared the way for the Trump administration to implement an executive order calling for mass reductions in the federal workforce. In a brief unsigned opinion, […]
www.scotusblog.com
