Judge rubbishes DOGE over efforts to fire federal workers
Share this @internewscast.com

President Donald Trump listens as Elon Musk speaks during a campaign rally at the Butler Farm Show on Saturday, October 5, 2024, in Butler, Pennsylvania. (AP Photo/Julia Demaree Nikhinson, File).

A federal appellate court on Friday upheld a previous court’s decision to block the Trump administration’s plans to significantly overhaul the federal government and dismiss federal employees.

With a 2-1 ruling, the U.S. Court of Appeals for the 9th Circuit declined to suspend the restraining order put in place by U.S. District Judge Susan Illston, a judge appointed by Bill Clinton, earlier this month.

In no uncertain terms, the majority rubbished the government’s legal arguments as wholly deficient in terms of procedure and merit.

“It has now been over a month since Plaintiffs first filed their complaint,” the court muses. “Defendants have yet to show the district court—or us—a single piece of evidence in support of its allegation of irreparable injury resulting from the district court’s [temporary restraining order] TRO or preliminary injunction.”

Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox.

On Feb. 11, President Donald Trump issued an executive order entitled “Implementing The President’s ‘Department Of Government Efficiency’ Workforce Optimization Initiative.” The order purported to “commence” a “critical transformation of the Federal bureaucracy” by “eliminating waste, bloat, and insularity.”

In real terms, Trump’s plans would have administrative agency heads quickly “initiate large-scale reductions in force” (RIFs), or massive layoffs, in service of the goal to restructure the government.

Illston pumped the brakes on those efforts.

The lower court reasoned the three agencies principally tasked with the firings and reorganization – the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), and the Department of Government Efficiency (DOGE) – simply lacked the requisite statutory authority to carry out such tasks.

“In sum, no statute gives OPM, OMB, or DOGE the authority to direct other federal agencies to engage in large-scale terminations, restructuring, or elimination of itself,” Illston wrote. “Such action is far outside the bounds of any authority that Congress vested in OPM or OMB, and, as noted, DOGE has no statutory authority whatsoever.”

The appeals court echoed the district court’s findings on the authority of the three agencies tasked with the reorganization plans – finding each agency acted beyond its statutory authority.

“As Defendants concede, OMB and OPM have only supervisory authority over the other federal agencies,” the order reads. “DOGE has no statutory authority whatsoever. We therefore agree with the district court that these organizations’ actions directing other federal agencies to engage in restructuring and large-scale RIFs were ultra vires.”

In the government’s bid for a stay, attorneys with the U.S. Department of Justice argued the U.S. Constitution’s take care clause provided enough justification in lieu of statutory authority.

The appeals court rejected these alternative arguments as merely expedient – and not entirely unlike too little, too late.

“Defendants never argued that the Constitution was a proper source of authority for the Executive Order, relying solely on federal statutes governing agency authority,” the order goes on. “Having been rebuffed by the district court, they change tacks, now arguing that the Constitution does confer such authority. Both arguments are unavailing. Neither the Constitution nor any federal statute grants the President the authority to direct the kind of large-scale reorganization of the federal government at issue.”

The government, for their part, also argued President Donald Trump was merely providing “policy direction to executive agencies.”

But the panel was not having it.

“[S]uch a characterization is at best disingenuous, and at worst flatly contradictory to the record,” the order reads. “Defendants cannot now assert that this language merely constituted guidance.”

The order explains why this argument failed, at length:

The Executive Order at issue here far exceeds the President’s supervisory powers under the Constitution. The President enjoys significant removal power with respect to the appointed officers of federal agencies. But even that power is not unlimited. Determinative of the case before us, the President has never exercised such control over inferior officers, much less over the thousands of rank-and-file employees affected by the Executive Order.

Share this @internewscast.com
You May Also Like

Tragic Russian Roulette Incident: Teen Accidentally Kills Girlfriend During Reckless Gun Play

Left inset: Mary Cornelius (St. Louis Metropolitan Police Department). Right inset: Mattison…

Tragic Incident: Sailor Fatally Shot While Attempting to Mediate Dispute Between Spouses

Left: Nildaliz Arline Flores-Roman (Norfolk police). Right: Katrina Anderson (Joshua Mortuary). A…

Authorities Alert Public to Suspicious Currency Following $2,600 Seizure

Authorities in New South Wales are cautioning the public to remain vigilant…

Homeless Individual Detained for Public Indecency Near Newberry Road Shop

Staff Report GAINESVILLE, Fla. – Authorities apprehended 32-year-old Rashard Jerrod Turner yesterday,…

Shocking Crime: Man Assaults and Kidnaps Ex After Receiving Homemade Meal

Left inset: Christopher Collins. Right inset: Jesserae Beck (Lincoln Police Department). Background:…

Oregon Man Found Guilty in Fatal Stabbing of Mail Carrier

Left: Chad Westover (Clackamas County Sheriff”s Office). Right: Tristan Thomas (GoFundMe). Inset:…

Tragic Discovery: Coroner Uncovers Disturbing Living Conditions of Woman with MS

Authorities in Pittsburgh found 44-year-old Elizabeth Fike dead living in filth in…

Tragic Death of Malnourished Boy Leads to Arrest of Mother and Police Officer Stepfather in Shocking Abuse Case

Insets from left: Destiny Dionne and Joshua Latimer (Oconee County Jail) and…

California Mystery Deepens: Mom’s Silence Stalls Search for Missing 9-Year-Old Girl

The search for a missing 9-year-old girl from California has been hampered…

Queensland Man Accused of Selling $100K in Counterfeit Jewelry

A man from the Gold Coast is facing charges after allegedly profiting…

Inside the Four-Minute Heist: Unveiling Details of the Louvre Robbery

A daring and swift robbery has left the art world reeling after…

Gainesville Drama: Woman Arrested for Car Burglary Amidst Street Brawl

Staff Article GAINESVILLE, Fla. – In the early hours today, 21-year-old Ivette…