Right on schedule, as I predicted, it blew up on the launch pad. NBC ran a terrific story yesterday headlined, “
Judge gives go-ahead for the Trump administration to gut USAID's workforce.” The sub-headline explained, “The decision comes after the judge had temporarily paused efforts to place thousands of USAID employees on administrative leave following a lawsuit by labor groups.”
Following the hearing on the
preliminary injunction, Judge Terry Nichols dissolved his earlier temporary restraining order. “Weighing plaintiffs’ assertions on these questions against the government’s is like comparing apples to oranges,” the judge wrote. “Where one side claims that USAID’s operations are essential to human flourishing and the other side claims they are presently at odds with it, it simply is not possible for the Court to conclude, as a matter of law or equity, that the public interest favors or disfavors an injunction.”
Womp, womp. Judge Nichols apparently either didn’t feel like playing hero for bureaucrats, or he decided that
this case wasn’t the best case to test the unitary theory of executive power on appeal.
As I’ve explained, short-term TROs are relatively easy. Longer-lasting preliminary injunctions are
brutal.
The judge explained he could not find sufficient
irreparable harm — an extremely difficult showing for employees getting laid off. “Plaintiffs have presented no irreparable harm they or their members are imminently likely to suffer from the hypothetical future dissolution of USAID,” Nichols wrote. He added, nor is it “clear why the speed of proceedings in the relevant agencies would be insufficient to address the only actions that have already happened and are presently ripe for review: administrative leave placements, expedited evacuations, and other changes to working conditions of the sort those bodies routinely confront.”
The plaintiff unions vowed to appeal. If there is a harder case to appeal than the denial of a preliminary injunction, I’m not sure what it could be. But if they do appeal, it will only play right into Trump’s lawyers’ hands, who are praying for a window to launch challenges over executive powers toward the Supreme Court.
Pentagon purge begins; media swallows Trump's Maine bait; Kiev's haggling backfires from orbit; Pelosi building goes up for sale; judge nixes TRO and okays USAID layoffs; much MAHA progress; more.
www.coffeeandcovid.com