Justice Ketanji Brown Jackson slammed her collegues “enthusiasm for greenlighting this president’s legally dubious actions”
The Supreme Court has ruled that the Trump administration can resume mass firing of staff at federal agencies.
On Tuesday, the court lifted an order from a lower court blocking the enforcement of a February executive order in which President Donald Trump laid out plans for large scale firings and layoffs across the government. The court ruled 7-2 to lift the order, with liberal Justice Sonia Sotomayor joining conservatives in siding with the administration
In her concurrence with the majority, Sotomayor wrote that while “the President cannot restructure federal agencies in a manner inconsistent with congressional mandates,” the “relevant Executive Order directs agencies to plan reorganizations and reductions in force ‘consistent with applicable law.’” Since the legality of the specific plans and methods were not directly before the court, the executive order was, in her view, within the powers of the president.
Fellow liberal Justice Ketanji Brown Jackson wrote in a scathing dissent that the order — and plans outlined by the Trump administration — potentially usurped powers vested in Congress. The lower court had stayed the layoffs in order while it litigated the legal merits of the case, but, as Jackson wrote, “that temporary, practical, harm-reducing preservation of the status quo was no match for this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture.”
“This Court lacks the capacity to fully evaluate, much less responsibly override, reasoned lower court fact finding about what this challenged executive action actually entails,” Jackson added.
The decision is a victory for the Trump administration, whose efforts to gut the federal workforce and dismantle entire agencies has repeatedly been stymied by legal challenges and court rulings. When U.S. District Judge Susan Illston issued the preliminary injunction against Trump’s February executive order, she stopped removals at over 20 agencies.
The Trump administration has gambled that it can litigate many of its more extreme, constitutionally dubious initiatives through the courts and come out on top. Once again, the Supreme Court has proven him correct.
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