“The flights suggest the Trump administration may be growing more brazen in its defiance of judicial restraint. The U.S. Constitution established the judiciary as a co-equal and independent branch of government.
Trump has sought to push the boundaries of executive power since taking office in January, cutting spending authorized by Congress, dismantling agencies and firing tens of thousands of federal workers.”
…
“On Monday, Trump’s border czar, Tom Homan, said the flights were already in international airspace when the judge’s orders came and that more flights would continue.
“Once you’re outside the border, you know, it is what it is. But they’re in international waters, already on the way south, close to landing. You know what? … We did what we had to do,” he told Fox News’ “Fox & Friends” program.
Asked what was next, Homan said: “Another flight, another flight every day.”
“We’re not stopping. I don’t care what the judges think,” he added.”
“The idea that one type of lawyer can meet all legal needs is as outdated now as it was in 1935. Law schools and the legal academy must adjust accordingly.”
“In the states’ case, filed in Baltimore’s federal court, the attorneys general argued that the administration had violated a 6-day notice requirement for so-called reductions in force – or RIFS – as well as other procedural steps for such mass terminations. The administration countered that no such notice was required for the layoffs, done quickly in early days of the administration, because federal law allows the government to terminate probationary employees under certain circumstances without any heads up.
Bredar on Thursday rejected the administration’s arguments that the terminations fit into a category not requiring notice because the employees were fired because of their substandard performance.
“Here, the terminated probationary employees were plainly not terminated for cause,” Bredar wrote in a 56-page opinion. “The sheer number of employees that were terminated in a matter of days belies any argument that these terminations were due to the employees’ individual unsatisfactory performance or conduct.””
…
“The upshot of Bredar’s ruling, as he acknowledged at a hearing Tuesday, is that the administration would be allowed to lay off the employees en masse if it went through the proper RIF procedures, including the advance notice. His ruling also noted the administration is free to fire individualized employees without following the RIF rules if they are being fired for cause, “on the basis of good-faith individualized determinations.””
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“The Trump administration has been targeting probationary workers because they have fewer job protections and can be dismissed more easily. Federal probationary employees have typically been in their positions for one year, but some jobs have two-year probationary periods. The employees may be new to the federal workforce, but they also could have been recently promoted or shifted to a different agency.”
“A federal judge has ruled that Elon Musk’s Department of Government Efficiency is wielding so much power that its records will likely have to be opened to the public under federal law.
U.S. District Judge Christopher Cooper said the vast and “unprecedented” authority of DOGE, formally known as the U.S. Digital Service, combined with its “unusual secrecy” warrant the urgent release of its internal documents under the Freedom of Information Act.
“The authority exercised by USDS across the federal government and the dramatic cuts it has apparently made with no congressional input appear to be unprecedented,” Cooper wrote in a 37-page opinion.”
“Chief Justice John Roberts on Wednesday night granted a respite to the Trump administration as it seeks to keep billions of dollars in foreign aid frozen, despite a judge’s order directing the administration to resume payments immediately.
Roberts’ intervention heads off the possibility of administration officials being held in contempt for failing to comply with the order from U.S. District Judge Amir Ali, who imposed a deadline of 11:59 p.m. Wednesday for the federal government to pay nearly $2 billion in unpaid invoices from foreign-aid contractors.”
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“Ali, an appointee of former President Joe Biden, ordered the administration on Tuesday to pay the accumulated bills by the end of the day on Wednesday. The judge acted after finding that the Trump administration had essentially flouted earlier orders he issued requiring the State Department to lift a blanket freeze on overseas aid programs.
Rather than take steps to unfreeze that aid, as Ali had directed Feb. 13, the State Department and the U.S. Agency for International Development found new legal rationales to keep it on hold, the judge said.
As a result, Ali gave the administration the midnight Wednesday deadline to send the payments for what officials have estimated is $2 billion-worth of unpaid work completed by aid contractors.”
LC: Basically, the Trump administration flouted the courts, the law, and the separation of powers, and Roberts bailed them out rather than forcing the issue. Under Trump, the U.S. constitutional system is deeply degrading.
“Vance’s most comprehensive statement of this radical position came in an interview I conducted with him in January 2023 for a profile in POLITICO Magazine. During the interview, I referred to comments that he had made on a conservative podcast in 2021 suggesting that Trump, if reelected, should “fire every single midlevel bureaucrat, [and] every civil servant in the administrative state … and when the courts stop you, stand before the country like Andrew Jackson did and say: ‘The chief justice has made his ruling. Now let him enforce it.’”
I asked Vance if this was still his view.
“Yup,” he responded.”
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“Vance’s rhetorical quibbling aside, his suggestion is radical. The course of action he is recommending — the president openly defying a Supreme Court order and then challenging the courts to enforce it — would amount to a full-fledged constitutional crisis of a different sort, one that would entirely upend the existing rules governing the separation of powers between the courts and the executive branch.”
“Still, only the most naive legal analyst would conclude right now that the US constitutional system will survive Trump’s second term intact, or that the courts have definitively ruled that Trump’s agenda is in jeopardy. It is certainly possible that, when all of this litigation is over, Trump will face loss after unambiguous loss and be forced to give up many of his attempts to defy the Constitution. But it is far too soon to predict how all of these lawsuits will play out — or even if Trump will comply with any court orders against him.
To date, no appellate court — the mid-tier courts in the federal system — has weighed in on any of these cases, not to mention the Supreme Court. Similarly, while some federal trial courts have ordered Trump to stop some of his illegal actions, many of these decisions are temporary stopgap orders that expire quickly, and that are intended largely to maintain the status quo while the judges hearing these cases get up to speed on the legal issues that they present.
It’s a lot to keep track of. And, in many of these cases, there are likely to be months or even years more litigation before the legal issues presented by these cases are fully resolved.
It’s also worth noting that, as these cases make their way through the federal appellate process, they are more and more likely to be heard by judges who tend to be sympathetic to Trump — including a Supreme Court that has held that Trump may use the powers of the presidency to commit crimes.”
“The question of whether a single federal trial judge should have the power to halt a federal law or policy throughout the entire country is hotly contested. As Justice Neil Gorsuch wrote in a 2020 opinion arguing against nationwide injunctions, “there are currently more than 1,000 active and senior district court judges, sitting across 94 judicial districts, and subject to review in 12 regional courts of appeal.” If nationwide injunctions are allowed, any one of these district judges could potentially halt any federal law, even if every other judge in the country disagrees with them.
The problem is particularly acute in Texas’s federal courts (Mazzant sits in the United States District Court for the Eastern District of Texas), where local rules often allow plaintiffs to choose which judge will hear their case. During the Biden administration, Republicans often selected highly partisan judges to hear challenges to liberal federal policies — and those judges frequently rewarded this behavior by issuing nationwide injunctions.
Such injunctions can potentially be lifted by a higher court, but the process of seeking relief from such a court can take weeks or even months — and that’s assuming that the appeals court is inclined to follow the law. Federal cases out of Texas, for example, appeal to the US Court of Appeals for the Fifth Circuit, which is dominated by far-right judges who frequently defy Supreme Court precedents that are out of favor with the Republican Party.
Moreover, while some Republican judges such as Gorsuch expressed doubts about these nationwide injunctions, the GOP-controlled Supreme Court frequently let such injunctions against the Biden administration remain in effect for many months — even if a majority of the justices eventually concluded that the policies at issue in those cases, which often involved disputes over immigration policy, were legal. So the Court apparently did not view ending the practice of nationwide injunctions as a high priority so long as those injunctions thwarted Democratic policies.”
“Qualified immunity allows government officials to avoid liability even in cases where courts find that they violated the plaintiffs’ constitutional rights. Defenders of qualified immunity say it protects police from frivolous lawsuits, but in practice it also short-circuits credible allegations of civil rights violations before they ever reach a jury.”