To: cgbg
This was a Reagan judge and a Trump judge agreeing with Trump, and one Biden judge dissenting. Looking at the composition of the court, Republican judges are outnumbered by Rat judges. I expect the panel's opinion to be overturned by the court en banc followed by an appeal by the administration to SCOTUS.
On the issue of standing, the dissent wrote:
"Next, as discussed in depth by the district court, the denial of this notice has, and will continue to, cause real harm with significant adverse effects. See Mem. Op. on prelim. inj. (D. ECF No. 125) at 10–16.3 Such adverse effects include, but are not limited to, an increase in unemployment benefits applications, an increase in the resources required to investigate this influx in unemployment benefits applications, additional financial and labor costs associated with the sudden strain placed on rapid response programs without advance notice, unanticipated loss of tax revenue, and the loss of support from federal employees who were working with various state agencies. See id. These harms, among others, plainly satisfy the concreteness requirement and thus provide the necessary grounds for Article III standing. See Dreher, 856 F.3d at 345."
The composition of this court pretty much guarantees that the dissent will be adopted by a majority of the court en banc/
9 posted on
04/09/2025 11:15:16 AM PDT by
Dr. Franklin
("A republic, if you can keep it." )
To: Dr. Franklin
At the end of the day the Supreme Court will rule “no standing”.
Probationary federal employees have individual standing before the MPSB and nowhere else. The courts did not want to be flooded with thousands of individual cases of fired federal employees. That is why the MPSB was created.
Lets dig a little deeper.
This court noted: “the Civil Service Reform Act of 1978, Pub. L. No. 95-454, provides the exclusive
means for review of personnel actions taken against federal employees.”
Lets look at that legislation.
https://www.dol.gov/sites/dolgov/files/OASAM/legacy/files/Civil-Service-Reform-Act-1978.pdf
“Federal employees should receive appropriate protection through increasing the authority and powers of the Merit Systems Protection Board in processing hearings
and appeals affecting Federal employees”
Nobody else has standing anywhere except in the minds of crazy leftists.
11 posted on
04/09/2025 11:41:30 AM PDT by
cgbg
(It was not us. It was them--all along.)
To: Dr. Franklin
Btw—I follow federal employee discussion groups.
Even the hardest core lefties know what yesterday’s Supreme Court decision and today’s decision means.
The probationary employees understand now—without any doubt—that their sole standing is before the MSPB which means many/most of them are burnt toast.
12 posted on
04/09/2025 11:46:09 AM PDT by
cgbg
(It was not us. It was them--all along.)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson