Trump wins over groups who challenged anti-DEI orders
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President Donald Trump observes as Treasury Secretary Scott Bessent takes part in a ceremonial swearing-in of Paul Atkins as chairman of the Securities and Exchange Commission, in the Oval Office of the White House on Tuesday, April 22, 2025, in Washington (AP Photo/Alex Brandon).

The Trump administration received a welcome court order on Friday in a case implicating the federal spending freeze and immigrant rights.

In an elaborate minute order, U.S. District Judge Randolph D. Moss from Washington, D.C., appointed by Barack Obama, articulated substantial skepticism about the fundamental premise of the complaint in the developing case.

On Jan. 31, the plaintiffs, primarily the Amica Center for Immigrant Rights, brought a lawsuit against the Department of Justice over a proposal to reduce funding for various “essential legal orientation programs.”

“The DOJ’s decision to shut down these national legal access programs poses a significant threat to the rights of immigrant children, adults, and families, especially those detained by the government,” Amica said in a press release announcing the lawsuit. “These legal orientation programs are crucial, as they provide immigrants — the vast majority of whom are unrepresented, and many of whom are confused and traumatized, do not speak English, and lack any legal education — with essential information about their rights throughout the immigration process and deportation proceedings.”

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But since then, both motions practice and hearings have largely gone the government’s way in the Washington, D.C. district court. While the plaintiffs’ motion for a temporary restraining order was denied, their motion for a preliminary injunction remains to be decided.

Friday’s order suggests the court is leaning against enjoining anything.

In late April, the government moved to dismiss the case for failure to state a claim. In their motion, the DOJ argued the case “is about a contract” and, citing recent Supreme Court precedent, that federal courts have no jurisdiction “to order the federal government to ‘pay … money’ under a contract — the very relief that Plaintiffs demand here.”

In essence, the government says the plaintiffs are in the wrong court.

Rather, the government says, the contract nature of the dispute means the litigation is governed by the obscure Tucker Act of 1887. Under this law, the U.S. Court of Federal Claims has jurisdiction to rule on “any claim” against the federal government that relies “upon any express or implied contract with the United States.”

On Thursday, the coalition of nonprofits pilloried the Trump administration’s lawyers in a motion in opposition, calling out the defendants for allegedly misunderstanding the thrust of the case.

“From its very first sentence, the Motion rests on the demonstrably false premise that this is a ‘contract’ case involving ‘contract-based claims for monetary relief’ But Defendants cannot point to any part of the amended complaint that alleges breach of contract or seeks monetary damages or retroactive reimbursement,” Amica argues. “That is because Plaintiffs make no such claim.”

The plaintiffs’ language then gets even harsher:

Plaintiffs do not even have a contract with Defendants, let alone a breach of contract claim. Defendants may be right that a different complaint, by different plaintiffs, in a different case, raising claims for monetary damages based on a breach of contract, could be subject to the Tucker Act and could belong within the exclusive jurisdiction of the Court of Federal Claims. But that is not this complaint, and it is not this case.

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