The Trump administration on Monday called on the Supreme Court to block a ruling from a federal judge in California.
The emergency application is one of several that is likely to head to the Supreme Court, reflecting the scores of the lower court's decision that halted administrative initiatives. President Trump condemned the resistance of lower courts and called for the Supreme Court to intervene.
Acting Attorney General Sarah M. Harris wrote that federal judges have issued administrative programs that block more than 40 temporary restraining or injunctions. Many of hers include awards that have been applied nationwide, she said.
She said federal judges issued 14 such injunctions to the federal government in the first three years of the Biden administration. In February alone, the judge added that he issued 15 national injunctions against the Trump administration.
An emergency application filed Monday opposed an injunction from a federal judge in California earlier this month. Harris wrote that this is a tough example of this trend.
“The court's extraordinary reinstatement order violated the separation of power, rogated rogs arrogs to a single district court, rogs the enforcement department's personnel management authority on the thinnest grounds and the most rushing timeline,” she wrote. “That's not a way of running a government. This court should stop the ongoing attacks on constitutional structures before further damage is created.”
When issuing the interim injunction for the Northern District of California, Judge William H. Alsup found that “each federal agency has the statutory authority to employ, and dismiss employees on a scale that are subject to certain protections.”
However, he wrote that the agency he said had adjusted the termination, and that the Personnel Management Bureau had no authority to hire and fire employees at other agencies.
“Even so, that's what happened here – a lot,” he wrote.
His recovery orders apply to probation workers fired from the Pentagram, the Treasury Department, Agriculture, Energy, Veterans and Home Office.
A split-up panel of San Francisco's 9th Circuit Court of Appeals refused to suspend Judge Alsup's orders while the government pursued appeals.
