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Posted on 09/12/2026 2:31:50 PM PDT by DFG
The Trump administration violated federal law when the Department of Homeland Security (DHS) slashed the workforce for the Federal Emergency Management Agency (FEMA), a court ruled this week.
In a 32-page order on cross motions for summary judgment, U.S. District Judge Susan Illston, a Bill Clinton appointee, found DHS "unlawfully usurped the authority" of FEMA "to make its own personnel decisions" with reductions in force (RIFs) throughout 2025.
The original litigation, however, was much broader in scope. In April 2025, several unions led by the American Federation of Government Employees (AFGE) sued over what they termed "the unconstitutional dismantling of the federal government" by President Donald Trump.
Over several successive months and pleadings, the contours of the case have been whittled down to consider more specific claims and cordoned off to deal with agency-specific portions of the case in turn.
The court eventually ordered expedited discovery and now the briefing on the FEMA portion of the case is complete. Oral argument over the summary judgment motions occurred earlier this month.
Now, Illston has ruled in the plaintiff unions' favor by finding the government violated a federal law which reformed FEMA on an organizational level in the aftermath of Hurricane Katrina. These violations also ran afoul of the Administrative Procedure Act (APA), the federal statute that broadly governs administrative agencies.
"Here, the Court finds plaintiffs are entitled to judgment on their APA claims that DHS and FEMA have acted in excess of statutory authority and contrary to law, based on the defendant agencies' actions that violate both the Post-Katrina Act and the appropriations act that ended the recent government shutdown," the order reads.
(Excerpt) Read more at yahoo.com ...
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United States District Court for the Northern District of California
Oh, SHUT UP! (The judge, not you, DFG). This takeover of the presidential powers by the political judges has got to stop!
Three co-equal branches of government.
But just remember — the Judicial Branch controls the Executive Branch.
Does the judicial branch ever issue rulings on matters of the people, or just pick sides in federal bureaucrat wrestling carnivals? Same with the previous FBI. I don’t think they investigated anything, serving just as the Pretorian Guard to the left.....
The politicians that ratified the US Constitution were warned about Article III Section 1 and 2 (By several judges no less) but trusted Hamilton’s argument (Who was wrong about a lot of issues). Judicial review was established shortly after the ink dried on the Constitution.
Any judge ruling against a debtor exceeding their assets every year by 3,000% should be immediately terminated.
Just because the debtors (government) keeps kiting checks to stay solvent doesn't mean that's OK.
Trump can’t “usurp the authority” of FEMA, he is the “authority”.
Administrative Procedure Act (APA)
I do believe whether this act is truly Constitutional needs to be explored. It is starting to look like the Humphrey’s Executor Act to me. I could be way off.
“A judge rules” 🙄
Trump admin 'unlawfully usurped the authority' of FEMA and violated post-Katrina reform law, judge rules
FR: Never Accept the Premise of Your Opponent’s Argument
Given the federal government's constitutionally very limited powers (hint), when actions concerning any so-called federal agency are questioned, judges need to be required to specify constitutional clauses that reasonably justify the agency's existence in their decisions. If the judge(s) cannot provide any clauses to justify a post-16th Amendment ratification (direct taxes) agency, then the agency needs to be pink-slipped imo.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States.—Justice John Marshall, Gibbons v. Ogden, 1824. (Abuse of 16A)
The congressional record shows that Rep. John Bingham, a constitutional lawmaker, had clarified the federal government's constitutionally limited powers as follows.
Simply this, that the care of the property, the liberty, and the life of the citizen [all emphases added], under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government. I have sought to effect no change in that respect in the Constitution of the country. —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. —United States v. Butler, 1936.
16th Amendmen (16A): The Congress shall have power to lay and collect taxes on incomes, from whatever source derived [emphasis added], without apportionment among the several States, and without regard to any census or enumeration.
Cherish, therefore, the spirit of our people, and keep alive their attention. If once they become inattentive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves [emphasis added]. It seems to be the law of our general nature. —Thomas Jefferson (Letter to Edward Carrington January 16, 1787)
In this FEMA example, the post-FDR era, institutionally indoctrinated judge evidently cannot get a grip on the constitutional reality that the agency is unconstitutional imo.
If patriots get rid of 16A then the states will ultimately find the funding to rebuild themselves after disasters.
>> Trump can’t “usurp the authority” of FEMA, he is the “authority”.
Yep, and haven’t we already been down this road regarding who runs executive agencies. and the administration won in court?
Exactly. Fema works within the executive branch.
If patriots get rid of 16A then the states will ultimately find the funding to rebuild themselves after disasters.
Perhaps PRESIDENT TRUMP should inform the judge that he, the judge is unlawfully usurping his powers by falsely condemning the PRESIDENT! Hey- Judges can make determinations, even when false-, why not the president?
How dumb. The President is the authority. We need to start getting rid of these black robed nutjobs. We didn’t elect them to run our country or our lives. How dare they come out with this BS.
judges rule and Congre$$ $leep$ ... we desperately need term limits.
Article II, as the chief executive over ALL agencies operations, Article III officials have zero authority over THE Article II sole lead.
The Constitution is divided into Articles to scream the extreme separation of powers into the future.
Another judge giving aid and comfort to the domestic and foreign enemies of the United States.
I agree!
These judges do not run the country.
This is supposed to be a government by the people, FOR the people.
To hell with the leftist, punk judge army.
This is what I'm talking about when I say there are 2 governments in America - the constitutional one, and the autocratic, usurping, unaccountable government of the self-anointed elites, who overwhelmingly populate the alphabet agencies and bureaucracy of government.
In a constitutional government there's no question that the Executive branch would hold executive powers (duh) over government agencies. Only agents and advocates for the autocrats, like this judge, would hold that the bureaucrats hold power over and above the elected POTUS.
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