Supreme Court Allows Mass Firings at Federal Agencies

[Anonymous]

Anonymous wrote:District court ordered injunctions are being abused the the SC is pushing back. It was 8 to 1.

Did you read it?

It says that any actual firings/layoffs must be compliant with law, and the current CR allows for no mass firings or layoffs.

Any implementation of any RIFs will be immediately enjoined.

[Anonymous]

I thought the ruling could proceed with the reorgs in compliance with laws (lol not that they really follow any). It the reorgs are approved they can proceed with the RIFs. But until the reorgs are approved, they can't RIF.

[Anonymous]

This should be taught in law school to show the Judiciary is the weakest branch of our government. Our Supreme Court would allow our democracy to fall just to adhere to procedure then later order the government to clean up the smoking ashes and return to status quo.

[Anonymous]

Anonymous wrote:I thought the ruling could proceed with the reorgs in compliance with laws (lol not that they really follow any). It the reorgs are approved they can proceed with the RIFs. But until the reorgs are approved, they can't RIF.

Approved by whom? The Administration isn’t kneeling to Congress on these and while they do need to formally notify (if they’re following the law) they will still barrel ahead with their plans. Nothing is stopping them now.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I thought the ruling could proceed with the reorgs in compliance with laws (lol not that they really follow any). It the reorgs are approved they can proceed with the RIFs. But until the reorgs are approved, they can't RIF.

Approved by whom? The Administration isn’t kneeling to Congress on these and while they do need to formally notify (if they’re following the law) they will still barrel ahead with their plans. Nothing is stopping them now.

The Supreme Court seems confused about what powers the courts or any of the branches have in our system but they haven't given up the fight entirely. This order is entirely procedural and they explicitly said they weren't reaching any potential firings or layoffs which must of course be lawful. If they had reached any potential unlawful future firings, that would be have been dicta, I guess...

[Anonymous]

Anonymous wrote:

Anonymous wrote:The court is basically saying that Trump has to the executive power to execute his EO and that the court is not opining on the legality of the reorg plans, which include RIFs because they did not have those plans to review. Thus, the court is not opining on whether the plans and the execution of those plans are being done under the law since all they had to go on was the EO. So all this does is set the stage for more lawsuits and in the meantime, Trump has a blank check to do whatever the hell he wants and fire the entire fed govt if he wants to. It’s sad. I feel like we were just put infront of the firing squad but it was a weak case to begin with.

No, as long as the current CR is in effect, RIFs are unlawful and will be enjoined immediately. Courts are acting quickly with all of these actions.

No one will be fired or laid off per this EO, until Congress passes legislation for it.

Where did you get the idea that the current CR bans RIFs? That's 100% untrue. The State Department notified their reorg, including RIFs, as required. No pushback from Congress. I feel horribly for State folks being RIFed, but I don't think the reorg is actually illegal.

[Anonymous]

Why are Catholics targeted? You can be fired at Mass but not at a Temple?

[Anonymous]

Anonymous wrote:Get set for the DMV depression. 40 pct of employees are Fed or Fed adjacent

It is actually 9 percent. Even if 50 percent gone it is only 4.5 percent extra unemployment short term till they find other jobs which nearly all will do.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The court is basically saying that Trump has to the executive power to execute his EO and that the court is not opining on the legality of the reorg plans, which include RIFs because they did not have those plans to review. Thus, the court is not opining on whether the plans and the execution of those plans are being done under the law since all they had to go on was the EO. So all this does is set the stage for more lawsuits and in the meantime, Trump has a blank check to do whatever the hell he wants and fire the entire fed govt if he wants to. It’s sad. I feel like we were just put infront of the firing squad but it was a weak case to begin with.

No, as long as the current CR is in effect, RIFs are unlawful and will be enjoined immediately. Courts are acting quickly with all of these actions.

No one will be fired or laid off per this EO, until Congress passes legislation for it.

Where did you get the idea that the current CR bans RIFs? That's 100% untrue. The State Department notified their reorg, including RIFs, as required. No pushback from Congress. I feel horribly for State folks being RIFed, but I don't think the reorg is actually illegal.

This is the correct take.

[Anonymous]

Anonymous wrote:These actions are allowed to proceed until actual, valid harm is identified at the agency level, unfortunately.

Yes, not a lawyer but gleaned the court ruled on something procedural that allows for the firings to go forward. They were not ruling on the legality of the firings.

The court also ruled in favor of the administration on a procedural issue that impacts birthright citizenship cases. again, not ruling on the merits of ending birthright citizenship.

My read is the administration is making it harder for potentially impacted parties to challenge actions prior to being harmed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Get set for the DMV depression. 40 pct of employees are Fed or Fed adjacent

It is actually 9 percent. Even if 50 percent gone it is only 4.5 percent extra unemployment short term till they find other jobs which nearly all will do.

Contractors are being targeted as well.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The court is basically saying that Trump has to the executive power to execute his EO and that the court is not opining on the legality of the reorg plans, which include RIFs because they did not have those plans to review. Thus, the court is not opining on whether the plans and the execution of those plans are being done under the law since all they had to go on was the EO. So all this does is set the stage for more lawsuits and in the meantime, Trump has a blank check to do whatever the hell he wants and fire the entire fed govt if he wants to. It’s sad. I feel like we were just put infront of the firing squad but it was a weak case to begin with.

No, as long as the current CR is in effect, RIFs are unlawful and will be enjoined immediately. Courts are acting quickly with all of these actions.

No one will be fired or laid off per this EO, until Congress passes legislation for it.

Where did you get the idea that the current CR bans RIFs? That's 100% untrue. The State Department notified their reorg, including RIFs, as required. No pushback from Congress. I feel horribly for State folks being RIFed, but I don't think the reorg is actually illegal.

Congress told State No, State retooled their reorg plan and then waited for the Supreme Court decision as many other agencies have been doing. Waiting for a Yes or a No.

Which this isn't.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The court is basically saying that Trump has to the executive power to execute his EO and that the court is not opining on the legality of the reorg plans, which include RIFs because they did not have those plans to review. Thus, the court is not opining on whether the plans and the execution of those plans are being done under the law since all they had to go on was the EO. So all this does is set the stage for more lawsuits and in the meantime, Trump has a blank check to do whatever the hell he wants and fire the entire fed govt if he wants to. It’s sad. I feel like we were just put infront of the firing squad but it was a weak case to begin with.

No, as long as the current CR is in effect, RIFs are unlawful and will be enjoined immediately. Courts are acting quickly with all of these actions.

No one will be fired or laid off per this EO, until Congress passes legislation for it.

Where did you get the idea that the current CR bans RIFs? That's 100% untrue. The State Department notified their reorg, including RIFs, as required. No pushback from Congress. I feel horribly for State folks being RIFed, but I don't think the reorg is actually illegal.

Congress told State No, State retooled their reorg plan and then waited for the Supreme Court decision as many other agencies have been doing. Waiting for a Yes or a No.

Which this isn't.

Right so now they’ll view this as free will from SCOTUS to do what they want until another case makes its way up there that is on the merits of the reorg itself not the EO requiring reorgs. But by the time that happens, many people will lose their jobs and Americans will suffer the consequences. And Congress will sit idly by as we continue to be under a CR next year that doesn’t reflect and of this insanity.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The court is basically saying that Trump has to the executive power to execute his EO and that the court is not opining on the legality of the reorg plans, which include RIFs because they did not have those plans to review. Thus, the court is not opining on whether the plans and the execution of those plans are being done under the law since all they had to go on was the EO. So all this does is set the stage for more lawsuits and in the meantime, Trump has a blank check to do whatever the hell he wants and fire the entire fed govt if he wants to. It’s sad. I feel like we were just put infront of the firing squad but it was a weak case to begin with.

No, as long as the current CR is in effect, RIFs are unlawful and will be enjoined immediately. Courts are acting quickly with all of these actions.

No one will be fired or laid off per this EO, until Congress passes legislation for it.

Where did you get the idea that the current CR bans RIFs? That's 100% untrue. The State Department notified their reorg, including RIFs, as required. No pushback from Congress. I feel horribly for State folks being RIFed, but I don't think the reorg is actually illegal.

Congress told State No, State retooled their reorg plan and then waited for the Supreme Court decision as many other agencies have been doing. Waiting for a Yes or a No.

Which this isn't.

Right so now they’ll view this as free will from SCOTUS to do what they want until another case makes its way up there that is on the merits of the reorg itself not the EO requiring reorgs. But by the time that happens, many people will lose their jobs and Americans will suffer the consequences. And Congress will sit idly by as we continue to be under a CR next year that doesn’t reflect and of this insanity.

Courts and lawyers/law firms have learned over the past 4 months. Everyone is acting more quickly. A complaint and a TRO, then a preliminary injunction, will happen very quickly. It's not 2024 anymore.

Well, Congress doesn't seem to have learned much. Or the Supreme Court. But the rest of us have.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The court is basically saying that Trump has to the executive power to execute his EO and that the court is not opining on the legality of the reorg plans, which include RIFs because they did not have those plans to review. Thus, the court is not opining on whether the plans and the execution of those plans are being done under the law since all they had to go on was the EO. So all this does is set the stage for more lawsuits and in the meantime, Trump has a blank check to do whatever the hell he wants and fire the entire fed govt if he wants to. It’s sad. I feel like we were just put infront of the firing squad but it was a weak case to begin with.

No, as long as the current CR is in effect, RIFs are unlawful and will be enjoined immediately. Courts are acting quickly with all of these actions.

No one will be fired or laid off per this EO, until Congress passes legislation for it.

Where did you get the idea that the current CR bans RIFs? That's 100% untrue. The State Department notified their reorg, including RIFs, as required. No pushback from Congress. I feel horribly for State folks being RIFed, but I don't think the reorg is actually illegal.

Congress told State No, State retooled their reorg plan and then waited for the Supreme Court decision as many other agencies have been doing. Waiting for a Yes or a No.

Which this isn't.

Right so now they’ll view this as free will from SCOTUS to do what they want until another case makes its way up there that is on the merits of the reorg itself not the EO requiring reorgs. But by the time that happens, many people will lose their jobs and Americans will suffer the consequences. And Congress will sit idly by as we continue to be under a CR next year that doesn’t reflect and of this insanity.

Courts and lawyers/law firms have learned over the past 4 months. Everyone is acting more quickly. A complaint and a TRO, then a preliminary injunction, will happen very quickly. It's not 2024 anymore.

Well, Congress doesn't seem to have learned much. Or the Supreme Court. But the rest of us have.

+1. I bet the complaints and TRO are already drafted and ready to go.