Posted on 02/14/2025 4:49:02 PM PST by Libloather
A federal judge on Friday indefinitely delayed a final ruling on a request by labor unions to block Elon Musk's government efficiency team from accessing internal system data, telling both parties, "You will hear from me," while declining to promise an exact time or date.
The update from U.S. District Judge John Bates, a George W. Bush appointee, comes just one week after he rejected an earlier request from unions representing Labor Department employees for a temporary restraining order to block DOGE access to internal system data. The judge said the plaintiffs lacked standing and failed to show they would be harmed as a result of the actions.
In response, the unions amended their complaint to broaden the scope of the lawsuit, adding the Department of Health and Human Services, the Department of Education and the Consumer Financial Protection Bureau.
Arguments Friday stretched for more than three hours, with plaintiffs arguing that DOGE employees were accessing their information illegally since DOGE is not technically a U.S. government agency.
"There has been reporting that DOGE is directing the cuts of agency staff and contracts, not simply advising the president," one lawyer for the plaintiffs told Judge Bates, "The situation is extremely fluid and changing."
The plaintiffs urged Judge Bates to grant a temporary request to block DOGE's access to the information, which they said would "force the agency to implement a more thoughtful process."
Meanwhile, the Justice Department argued in response that the DOGE personnel in question are "detailed" U.S. government employees who have access to the information under provisions of the Economy Act.
Judge Bates declined to rule from the bench, telling both sides, "You will hear from me."
The update will likely do little in the near term to assuage concerns among employees at the Labor Department and other...
(Excerpt) Read more at foxnews.com ...
BTTT
Who dropped the ball while shopping this judge?
Next will a ruling to counteract a writ of mandamus forcing someone to reveal the way they improperly blocked a refusal of permission to delay an injunction against the injunctions of the lower court. A judge will block another judge’s block of a relief from an earlier injunction-—but only for 48 hours.
Bates is the clown who ordered a NIH web page restored.
He is totally unreliable.
(Oh btw he is a FISA court judge as well. They need to get rid of his court now.)
I used to dismiss the libertarians when they advocated eliminating large swathes of government, but now I’m in shock that they were right - instead of serving the people, even minimally, these agencies were just humongous slush funds for the communist cause. This is extremely sad and disturbing.
Megyn Kelly, who is a lawyer, explained that gettingn a TRO is virtually automatic, you just tell the judge you think something bad is being done and it needs to be stopped right now before damage is done, then a more detailed examination can be made. Only one side is required to be present and judges nearly always grant them. But they are “temporary” hence the name, and must be resolved quickly, in days or weeks. So we can expect to see fairly quick resolution, one way or the other. My bet is many if not most will be upheld and will have to be fought in an appeals court. But this explains why there have been so many TROs issued - it’s a low bar.
Rather than dictate how auto manufacturers build cars, the government workers should build and try to sell their own cars.
There was a thread here this morning, based on an article by Kurt Schlichter. He said just the opposite, he said he had never seen a TRO in federal court. He said, and this is as close as possible to a quote, they are an exception to exceptions. That was a good part of his argument about why all of these decisions will fail.
Rather than dictate how auto manufacturers build cars, the government workers should build and try to sell their own cars.>>> They are government employees not workers. There is a difference.
It is Criminal, not just disappointing. It’s Embezzlement and in my opinion, Seditious.
Using federal money to subvert the Constitution and the Citizenry by funneling it into Socialist Organizations, or Directly to Soros for AG shopping.
If they want to design cars, get a job dependent on selling them.
Why are they so concerned about others looking over what they are doing?
Schlichter is right and Kelly is wrong. The injunctive relief in courts are three fold - first a TRO (temporary restraining order) Is granted to preserve the status quo ante to prevent harm or damage before a ruling. Usually it is with full notice and hearing of both sides.
The second step after a more full hearing but not for a final decision, is the preliminary injunction. It restrains actions, and does not mandate them.
The third phase is the final full injunction. It may or may not be granted depending on the evidence and law.
As for TROs Schlichter is correct in that the usual requests are turned aside. I had a mentor lawyer tell me that you ask for a TRO to educate the judge, not because you expect to have it granted. He said that the only definite TRO he could imagine is to tell the judge that nuclear missiles are in the air aimed at the USA, and without the TRO damage will occur. It never happens. It is a high burden of proof.
Having said that, I believe that there is a huge lack of standing for all of these spurious TROs. There are no named individual plaintiffs.
Just my $0.02 after 43 years practicing law.
Gwjack
I’m not a lawyer so can someone explain how a union has standing to get a TRO simply because they claim irreparable harm will be done. Are they actually claiming that their employer has no right to reduce the workforce despite the employers compliance with all previously negotiated terms in their contract?
Megan Kelly is telling nonsense.
Ooooh, I want to know what kind of quid pro quo money is changing hands with unions! I forgot all about them
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