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Tipsheet

We Have Another Judge Issuing a Lawless Ruling Against Trump

We Have Another Judge Issuing a Lawless Ruling Against Trump
AP Photo/Evan Vucci

President Trump’s push to downsize and reduce the scope of government hit another obstacle, as another federal judge issued a temporary injunction on a plan to eliminate programs and reduce staff. It’s becoming common, with these rogue activist judges issuing rulings that far exceed their authority. As of now, it’s the only thing pushing back against the Trump agenda, which is why Democrats are endorsing this march toward a constitutional crisis. (via NYT):

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A federal judge on Friday called for a two-week pause in the Trump administration’s plans for mass layoffs and program closures, barring two dozen agencies from moving forward with the largest phase of the president’s downsizing efforts, which the judge said was illegal without congressional authorization.

Of all the lawsuits challenging President Trump’s vision to dramatically scale back the form and function of the federal government, this one is poised to have the broadest effect. Most of the agencies have yet to announce their downsizing plans, but employees across the government have been anxiously waiting for announcements that have been expected for weeks. 

Ruling just hours after an emergency hearing on Friday, Judge Susan Illston of the Federal District Court for the Northern District of California said the government’s effort to lay off workers and shut down offices and programs created an urgent threat to scores of critical services. 

Congress set up a specific process for the federal government to reorganize itself. The unions and organizations behind the lawsuit have argued that the president does not have the authority to make those decisions without the legislative branch. 

Judge Illston noted that process requires consultation with Congress on any plan to abolish or transfer part of an agency. 

“It is the prerogative of presidents to pursue new policy priorities and to imprint their stamp on the federal government,” she wrote in a 42-page order. “But to make large-scale overhauls of federal agencies, any president must enlist the help of his coequal branch and partner, the Congress.” 

Judge Illston listed services that could disappear if the offices that administer them were wiped out, including disaster relief funds for farmers after a flood, in-person appointments for Social Security recipients to discuss their benefits, workplace safety inspections in mines and grants that support kindergarten programs. 

The scenario evoked what already happened at the Department of Health and Human Services — when mass layoffs caused major disruptions to programs — but on a larger scale. The deep cuts there indirectly hampered programs such as one that helps low-income families afford heating bills, and another that helps states track rates of chronic disease and gun violence. 

While unions and other organizations have sued the federal government over other personnel actions, including indiscriminately firing thousands of probationary workers earlier this year, this is the first time such a broad coalition came together to challenge the administration’s actions. The plaintiffs in the ambitious lawsuit included labor unions, nonprofits and six cities and counties — including Baltimore, Chicago, San Francisco and Harris County, Texas, home to Houston. 

“The Trump administration’s unlawful attempt to reorganize the federal government has thrown agencies into chaos, disrupting critical services provided across our nation,” the coalition said in a joint statement. “Each of us represents communities deeply invested in the efficiency of the federal government — laying off federal employees and reorganizing government functions haphazardly does not achieve that.” 

The lawsuit, which was filed last week, is the latest in a progression of challenges that have all focused on the erosion of the federal civil service since President Trump took office. 

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DONALD TRUMP

Judge Illston is a Clinton appointee. Whatever the case, the Trump administration, again, is likely to challenge. They’re prepared to duke it out on everything, no matter what. Yet, it’s another instance that makes the case for Congress to impeach these judges or dissolve these district courts. 

This gavel mafia must be stopped.

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