The Evening Docket - A Rather Rough Ride in the Courts for Team Trump – RedState

I haven’t done one of these in a while — truth be told, they got to be a bit too much to keep up with on top of everything else. But the courts were quite busy today, handing down numerous notable rulings — I don’t know if it’s a full moon or the judges ate their Wheaties today or what — so I thought it might be worthwhile to put together a roundup to cap off the night. 

Ready? (Fair warning — it wasn’t a great day for the administration):

Tuesday brought a series of courtroom setbacks for the administration, particularly at the district-court level, where judges halted or reversed several high-profile actions. The government found some procedural breathing room in the appellate courts, but the overall ride from the day’s rulings was a rough one.

Historic preservation fight: In National Trust for Historic Preservation v. National Park Service, Judge Richard Leon, at the D.C. District Court, granted a preliminary injunction, blocking the challenged Park Service action (the construction of the White House ballroom) from moving forward while the case is litigated. That’s an early but meaningful loss, given the context.


READ MORE: New: Judge Hits Pause on Trump’s White House Ballroom Project


Media and public funding: One of the biggest rulings of the day came in the NPR / PBS case, where Judge Randolph Moss largely sided with the broadcasters and entered a permanent injunction blocking federal agencies from carrying out the executive order aimed at cutting off funding. That is a significant merits-stage loss for the administration and one almost certain to head up on appeal.

Immigration setbacks: Immigration was a dominant theme today. In Massachusetts, Judge Allison Burroughs vacated DHS’s mass CBP One parole termination emails and ordered affected individuals to have their prior status restored, finding the agency failed to follow the required legal process. 

Meanwhile, in Colorado, the District Court Judge Gordon Gallagher dismissed the federal government’s challenge to the state’s sanctuary-style laws, leaning heavily on anti-commandeering principles.

Institutional plaintiffs hold serve: In President and Fellows of Harvard College v. DHS, Harvard secured an important procedural win in its fight with DHS over whether the federal government can block the university from enrolling international students and bar foreign students from entering the U.S. to study there. The court effectively pressed pause on this one, preserving the status quo while the case moves forward. This was not a final ruling on the merits, but it gives Harvard time and prevents immediate consequences from taking effect.

Appellate breathing room for the defense: The administration did fare better in the D.C. Circuit and Eleventh Circuit. In Widakuswara / Abramowitz, the D.C. Circuit handed the government a procedural win at the emergency stage, while in Friends of the Everglades, the Eleventh Circuit left in place its earlier stay. Both rulings buy time for the defense, though neither resolves the merits.

Labor and administrative-law fight continues: In AFL-CIO v. Department of Labor, the plaintiffs did not secure immediate injunctive relief, but they kept their Administrative Procedure Act and privacy claims alive. So this one isn’t really a clean win for either side, but it’s an indication that the court sees enough legal substance to let the fight continue.


RELATED: SCOTUS Deals Major Blow to Colorado Conversion Therapy Ban


All told, Tuesday was one of those days that isn’t so much about a single blockbuster case, but one in which a pattern emerges: Multiple courts pressed pause on the administration’s actions while the merits get sorted out. On the flip side, the administration got a bit of breathing room in the appellate courts. And, of course, the district-court losses — particularly in immigration and media funding — are likely to drive the next round of appeals.

Editor’s Note: Unelected federal judges are hijacking President Trump’s agenda and insulting the will of the people.

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