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pat_k

(11,534 posts)
12. My understanding is that it is actually a bit of a mixed decision.
Tue Jul 8, 2025, 10:07 PM
Jul 8

If I understand Nina Totenberg's analysis correctly, they lifted the lower court's order blocking the firings because the order was not related to pausing a specific "reduction in force" plan pending adjudication of the legality of the plan. They apparently affirmed that the legality of a specific "plan" could be challenged, but that there was no specific plan before the court, so they lifted the order.

It seems to me that the judge can infer the "plan" by the number of people who received termination notices. She could then reinstate the block because the plaintiffs are likely to prove the number of firings render the agency incapable of fulfilling it's congressional mandate, and are therefore likely to prevail. The 47 regime is then challenged to defend their "plan" and submit specifics for review. They would have to make the case that an agency with almost 0 people left can somehow fulfill the congressional mandate.

Of course, I'm not a lawyer, so I could be way out in left field.

Here's the analysis I heard (I may be reading more into it than is there):
https://www.npr.org/2025/04/09/nx-s1-5356191/scotus-on-probationary-employees

Recommendations

2 members have recommended this reply (displayed in chronological order):

If Sotomayor and Kagan signed on to the opinion, one has to wonder about it's import. FadedMullet Jul 8 #1
My question, as well. LauraInLA Jul 8 #2
FWIW, my understanding in a post downthread. pat_k Jul 8 #14
Thank you! LauraInLA Jul 8 #15
Handing him the rope to hang himself? C_U_L8R Jul 8 #8
FWIW, my understanding in a post downthread. pat_k Jul 8 #13
No... it's a significant loss similar to restricting national injunctions FBaggins Jul 10 #20
I'm hopeful that some kindly, considerate coorporations will take over those ... chouchou Jul 8 #3
Trump wouldn't care. Prof. Toru Tanaka Jul 8 #5
The issue they ruled on to me seems too general and ambiguous, however, rather general, I suspect more lostincalifornia Jul 8 #4
The rape of a nation by an experienced rapist. twodogsbarking Jul 8 #6
WaPo article says the two liberal Justices sided with the 6 pack because-- Silent Type Jul 8 #7
Yeah that's why I mentioned the "technicality" BumRushDaShow Jul 8 #9
SCOTUS is worthless angrychair Jul 8 #10
Sickening LymphocyteLover Jul 8 #11
My understanding is that it is actually a bit of a mixed decision. pat_k Jul 8 #12
Thank you. I think that you're right in your analysis of this and much closer to shortstop than left field. FadedMullet Jul 9 #18
Maybe it is this.............. DENVERPOPS Jul 8 #16
Damn, there's that word "mandate" again... slightlv Jul 8 #17
It hasn't for decades. Igel Jul 9 #19
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