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NEW: Clinton Judge Temporarily Blocks Trump’s Reorganization Plans For 20 Federal Agencies
https://www.thegatewaypundit.com ^ | May. 9, 2025 | Cristina Laila

Posted on 05/09/2025 8:20:15 PM PDT by bitt

A federal judge on Friday issued a Temporary Restraining Order (TRO) blocking the Trump Administration’s effort to overhaul and reorganize 20 agencies in the Executive Branch.

In February, President Trump implemented an executive order to completely overhaul the Executive Branch through the work of DOGE.

US District Judge Susan Illston, a Clinton appointee, said in order for President Trump to make such large-scale overhauls, he needs approval from Congress.

“It is the prerogative of presidents to pursue new policy priorities and to imprint their stamp on the federal government. But to make large-scale overhauls of federal agencies, any president must enlist the help of his co-equal branch and partner, the Congress,” the judge wrote in her order on Friday evening.

“As a group of conservative former government officials and advisors have written to the Court, “Unchecked presidential power is not what the Framers had in mind,”” the radical Clinton judge said scolding Trump’s decision to overhaul agencies in the Executive Branch.

Judge Illston paused any reduction-in-force (RIF) notices to workers in 20 federal agencies.

The judge’s TRO comes in response to a lawsuit filed by the anti-American AFL-CIO and American Federation of Government Employees.

Judge Illston enjoined DOGE, the State Department, Treasury and other agencies.

BREAKING: Another federal judge enters another lawless order enjoining terminations by agencies on a nationwide basis.1/ pic.twitter.com/zkSBfvSHuv

— Margot Cleveland (@ProfMJCleveland) May 10, 2025

NPR reported:

(Excerpt) Read more at thegatewaypundit.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: 20agencies; article2; clintonstooge; doge; interference; judgewatch; judicialcoup; judicialinsurrection; judicialmisconduct; judicialoverreach; lawfare; ndcalifornia; newsupremecourt; noauthority; nojurisdiction; obstruction; politicaljudiciary; reorganization; rif; sabotage; seniormomentjudge; susanillston; thenewsupremecourt; trump; undermining; unlawfulorders; voicevote
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1 posted on 05/09/2025 8:20:15 PM PDT by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

p


2 posted on 05/09/2025 8:20:30 PM PDT by bitt (<img src=' 'width=30%>)
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To: bitt

Ignore and proceed.


3 posted on 05/09/2025 8:25:51 PM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉! 🇮🇱👍!)
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To: bitt
But to make large-scale overhauls of federal agencies, any president must enlist the help of his co-equal branch and partner, the Congress,” the judge wrote in her order on Friday evening.

This is absolute nonsense. Congress, the Legislative Branch, exists to formulate and pass laws, not to be enlisted to "help" the president in administering the Executive Branch. This judge doesn't know what the hell she's talking about.
4 posted on 05/09/2025 8:28:17 PM PDT by AnotherUnixGeek
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To: bitt

Federal judge decrees there will be no more full moons because it causes religious discrimination and some barking that keeps him up at night.


5 posted on 05/09/2025 8:41:16 PM PDT by monkeyshine (live and let live is dead)
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To: bitt

Pretty sure another Judge issued a similar order and was reversed.


6 posted on 05/09/2025 8:45:14 PM PDT by FlipWilson
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To: bitt

Another day, another commie judge needing impeachment.


7 posted on 05/09/2025 8:46:25 PM PDT by No name given ( Anonymous is who you’ll know me as)
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To: rktman
Leftist activist judges issuing tros, up to and including chief jello john roberts
should be charged as traitors and immediately stripped of all judicial power
        robo
8 posted on 05/09/2025 8:48:23 PM PDT by chief lee runamok ( Le Flâneur @Large)
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To: bitt

It is only an insurrection if Repubs do these tactics.


9 posted on 05/09/2025 8:57:36 PM PDT by bray (It's not racist to be racist against races the DNC hates.)
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To: bitt
Too many female judges. Every one of them is rotten to the core. Donald Trump is President, not some bloody feminazi.

10 posted on 05/09/2025 9:06:24 PM PDT by Governor Dinwiddie ( O give thanks unto the Lord, for He is gracious, and His mercy endures forever. — Psalm 106)
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To: bitt
“Unchecked presidential power is not what the Framers had in mind,”

They certainly did expect the POTUS to have control over the executive branch (a co-equal brench, not servant of legislative or judicial) and they certainly didn't expect low level judges to have veto power over everything he does while at the same time being totally unaccountable with no way to get rid of bad ones or override them short of hoping another judge isn't also an activist.

11 posted on 05/09/2025 9:32:38 PM PDT by pepsi_junkie ("We want no Gestapo or Secret Police. F. B. I. is tending in that direction." - Harry S Truman)
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To: Governor Dinwiddie

They excel at creative writing. This opinion is 42 pages of BS. A reduction in force (RIF) is done by statute. The executive branch initiates it. There is no judicial veto permitted by law.


12 posted on 05/09/2025 9:50:47 PM PDT by Dr. Franklin ("A republic, if you can keep it." )
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To: bitt

How can they do this.


13 posted on 05/09/2025 9:52:16 PM PDT by cherry
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To: bitt; rktman; AnotherUnixGeek; monkeyshine; FlipWilson; No name given ; bray; Governor Dinwiddie; ..

Here is Federal Judge Susan Illston from the Federal District of Northern California. She is a 78 year old appointee from Clinton. Many of her high profile case judgments have been overturned by her own 9th Circuit! At least one other by the Supreme Court.

https://en.wikipedia.org/wiki/Susan_Illston

She has now issued a global (Universe?) restraining order against the Executive branch for reorganizing the Executive branch without permissions of Congress or the Judiciary. Somehow the judge in California has Constitutional Supremacy over the Executive branch?


14 posted on 05/09/2025 10:33:18 PM PDT by KitJ (Shall not be infringed...)
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To: bitt

It’s called the Executive Branch for a reason.


15 posted on 05/09/2025 10:37:01 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: bitt

Maybe Trump could designate all these judges to be terrorists.


16 posted on 05/10/2025 12:04:15 AM PDT by Revel
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To: bitt
In February, President Trump implemented an executive order to completely overhaul the Executive Branch through the work of DOGE.

US District Judge Susan Illston, a Clinton appointee, said in order for President Trump to make such large-scale overhauls, he needs approval from Congress.

The judge is correct and the Executive Order is ultra vires, beyond the power of the Presidency. It is a Legislative power that has not been delegated to President Trump or any other president since 1984.

https://storage.courtlistener.com/recap/gov.uscourts.cand.448664/gov.uscourts.cand.448664.85.0.pdf

AFGE v Trump, CAND 25-cv-03698-SI (9 May 2025)

At 26-27:

a. Actions by President Trump

Plaintiffs are likely to succeed on their claim that the President’s Executive Order 14210 is ultra vires, as the President has neither constitutional nor, at this time, statutory authority to reorganize the executive branch.

“In the framework of our Constitution, the President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker. The Constitution limits his functions in the lawmaking process to the recommending of laws he thinks wise and the vetoing of laws he thinks bad. And the Constitution is neither silent nor equivocal about who shall make laws which the President is to execute.” Youngstown, 343 U.S. at 587.

Article I of the U.S. Constitution vests in Congress the legislative power. U.S. Const. art. I, § 1. “To Congress under its legislative power is given the establishment of offices, [and] the determination of their functions and jurisdiction . . . .” Myers v. United States, 272 U.S. 52, 129 (1926). “Congress has plenary power over the salary, duties, and even existence of executive offices.” Free Enter. Fund, 561 U.S. at 500 (emphasis added). While “[t]he President may create, reorganize, or abolish an office that he established,” the Constitution does not authorize him “to enact, to amend, or to repeal statutes.” Clinton v. City of New York, 524 U.S. 417, 438 (1998) (emphasis added); see also Nat’l Fed’n of Indep. Bus. v. Dep’t of Labor, Occupational Safety & Health Admin., 595 U.S. 109, 117 (2022) (“Administrative agencies are creatures of statute.”).

In 1952, the Supreme Court considered the validity of an Executive Order by President Truman, who ordered the Secretary of Commerce to seize most of the nation’s steel mills to prevent strikes from halting steel production during the Korean War. Youngstown, 343 U.S. at 582. Although various statutes authorized the President to seize property under certain circumstances, none of the statutory conditions had been met, and so the President claimed the seizures were lawful pursuant to his constitutional authority. In reviewing whether the district court’s preliminary injunction to stop enforcement of the order was proper, the Supreme Court explained, “The President’s power, if any, to issue the order must stem either from an act of Congress or from the Constitution itself.” Id. at 585. Where President Truman lacked both constitutional and statutory authority to seize the steel mills, the Supreme Court affirmed the district court injunction.

Youngstown applies here. Defendants do not claim that Executive Order 14210 issued under the President’s constitutional powers. Rather, they attempt to fit the President’s actions into existing statutory authority. Such statutory authority, however, is plainly lacking.

https://sgp.fas.org/crs/misc/R42852.pdf

Presidential Reorganization Authority: History, Recent Initiatives, and Options for Congress

Henry B. Hogue
Analyst in American National Government
December 11, 2012

CRS Report for Congress

Congressional Research Service
7-5700
www.crs.gov
R42852
Prepared for Members and Committees of Congress

Summary

[Excerpt]

Between 1932 and 1981, Congress periodically delegated authority to the President that allowed him to develop plans for reorganization of portions of the federal government and to present those plans to Congress for consideration under special parliamentary procedures. Under these procedures, the President’s plan would go into effect unless one or both houses of Congress passed a resolution rejecting the plan, a process referred to as a “legislative veto.” This process favored the President’s plan because, absent congressional action, the default was for the plan to go into effect. In contrast to the regular legislative process, the burden of action under these versions of presidential reorganization authority rested with opponents rather than supporters of the plan. In 1984, the mechanism was amended to require Congress to act affirmatively in order for a plan to go into force. This arguably shifted the balance of power to Congress. The authority expired at the end of 1984 and therefore has not been available to the President since then.

https://en.wikipedia.org/wiki/Presidential_reorganization_authority

Presidential reorganization authority is a term used to refer to a major statutory power that has sometimes been temporarily extended by the United States Congress to the President of the United States. It permits the president to divide, consolidate, abolish, or create agencies of the U.S. federal government by presidential directive, subject to limited legislative oversight. First granted in 1932, presidential reorganization authority has been extended to nine presidents on 16 separate occasions. As of 2024, it was most recently granted to Ronald Reagan.

Presidential reorganization authority is designed to allow periodic refinement of the organizational efficiency of the government through significant and sweeping modifications to its architecture that might otherwise be too substantial to realistically implement through a parliamentary process.

Overview

The customary method by which agencies of the United States government are created, abolished, consolidated, or divided is through an act of Congress.

[...]


17 posted on 05/10/2025 1:56:41 AM PDT by woodpusher
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To: bitt

THIS CRAP has got to STOP! They are getting WAY TOO BIG FOR THEIR ROBES!!


18 posted on 05/10/2025 3:39:50 AM PDT by Ann Archy (Abortion.....the HUMAN Sacrifice to the god of Convenience..)
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To: Ann Archy

But they are just doing their job according to doens’t want to do his job under the US Constitution Roberts.


19 posted on 05/10/2025 4:02:50 AM PDT by AndyJackson
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To: woodpusher
Two serious questions:

  1. Does Congress have the authority to create featherbedding jobs so they can hire people who do practically nothing and yet get paid by the Treasury of the United States?

  2. Does the President have any recourse to put an end to this practice if he discovers it? In other words, is the President compelled to continue the practice of overseeing the administration of make-work jobs?

-PJ
20 posted on 05/10/2025 4:24:30 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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