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Shipwreckedcrew @shipwreckedcrew - Re today's action in the D.C. Cir. Court of Appeals involving the firing of two Biden-appointed officials - one from the MSPB and the other from the NLRB.
There is some confusion because of the odd procedural posture of the case. Here is the order of proceedings, and what has - and has not - been appealed.
1. In the District Court both officials won on Summary Judgment, and part of the decisions by the two judges was that they should be reinstated to their positions for the remainder of their terms.
2. Trump Admin. filed "Motion for Stay" on the order they be reinstated. That is NOT the same as an outcome "on the merits." One aspect of the question whether to grant the stay is whether the party asking for it - DOJ - is likely to prevail on the merits once they are heard.
3. The 3 judge panel granted the Stay by a 2-1 vote, and wrote "statements" - not opinions - on why they voted as they did. These include a discussion of the "likelihood of prevailing on the merits." But those are not merits decisions - they are just an indication by each judge, based on what was in the motion and opposition, as to which side they think has the better of the argument. DOJ has appealed, but the briefs on the appeal - "Merits Briefs" - have not been filed yet.
4. Today the full court - 11 judges - voted to lift the stay - meaning the District Court decision, including reinstatement, is back in force. This is still not a "Merits Decision." It is a vote by the full 11 judges that says the 3 judge panel was wrong to grant the stay until after the Merits Decision is reached.
5. At the same time, the full Court denied motions for en banc review of the Stay order, and denied immediate en banc consideration of the "Merits Decision" - i.e., skipping the 3 judge panel and going straight to the full 11 judges at the start.
6. DOJ is likely to ask SÇOTUS to issue a Stay itself with regard to reinstatement. Four Justices have already said reinstatement is not the correct remedy. The question is whether there is a 5th vote.
7. If SCOTUS issues a Stay, then the case will go back to the Appeals Court. The Merits briefs will be filed and there may or may not be an oral argument on the full merits briefing. Depending on the decision, there MIGHT be another call for en banc review of the Merits Decision.
8. This will almost certainly shake-out with SCOTUS putting the matter on its fall calendar sometime this summer.
https://x.com/shipwreckedcrew/status/1909279074033570144
Skscartoon @skscartoon - Those who didn't care about lockdown's impact on small businesses are the same ones crying over the #stockmarket now.
https://x.com/skscartoon/status/1909214600798904805
Skscartoon @skscartoon - The SCOTUS sides with Trump
https://x.com/skscartoon/status/1909404638455251202
Stephen Miller @StephenM - ALIEN ENEMIES ACT NOW IN FULL EFFECT. THE FOREIGN TERRORISTS WILL BE ARRESTED AND EXPELLED.
Quote
SCOTUSblog @SCOTUSblog
BREAKING: The Supreme Court grants the Trump administration’s request to continue to summarily remove noncitizens whom the gov't has designated as members of the Venezuelan Tren de Aragua gang under the Alien Enemies Act.
https://x.com/StephenM/status/1909385151110332903
Steve Inman @SteveInmanUIC - He was just crossing the finish line.
https://x.com/SteveInmanUIC/status/1909260352723771740
Steve Inman @SteveInmanUIC - FAFO Compilation
https://rumble.com/v6abtd7-fafo-compilation.html
https://x.com/SteveInmanUIC/status/1909389092913070192
Steve Inman @SteveInmanUIC - Successful Transition
https://x.com/SteveInmanUIC/status/1909403232549417167
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