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Trump asks supreme court to halt ruling ordering the rehiring of federal workers
Court Watch |
2025/03/25 05:57
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The Trump administration asked the Supreme Court on Monday to halt a ruling ordering the rehiring of thousands of federal workers let go in mass firings aimed at dramatically downsizing the federal government.
The emergency appeal argues that the judge can’t force the executive branch to rehire more than 16,000 probationary employees. The California-based judge found the firings didn’t follow federal law, and he ordered reinstatement offers be sent as a lawsuit plays out.
The appeal also calls on the conservative-majority court to rein in the growing number of federal judges who have slowed President Donald Trump’s sweeping agenda.
“Only this Court can end the interbranch power grab,” the appeal stated.
The nation’s federal court system has become ground zero for pushback to Trump with the Republican-led Congress largely supportive or silent, and judges have ruled against Trump’s administration more than three dozen times after finding violations of federal law.
The rulings run the gamut from birthright citizenship changes to federal spending to transgender rights.
Trump’s unparalleled flurry of executive orders seems destined for several dates at a Supreme Court that he helped shape with three appointees during his first term, but so far the majority on the nine-member court has taken relatively small steps in two cases that have reached it.
The latest order appealed to the high court was one of two handed down the same day. While acknowledging the president can lay off employees, two judges found separate legal problems with the way the Republican administration’s firings of probationary employees were carried out.
U.S. District Judge William Alsup in San Francisco ruled that the terminations were improperly directed by the Office of Personnel Management and its acting director. He ordered rehiring at six agencies: the departments of Veterans Affairs, Agriculture, Defense, Energy, the Interior and the Treasury.
His order came in a lawsuit filed by a coalition of labor unions and nonprofit organizations that argued they’d be affected by the reduced manpower.
Alsup, who was appointed by Democratic President Bill Clinton, expressed frustration with what he called the government’s attempt to sidestep laws and regulations by firing probationary workers with fewer legal protections.
He said he was appalled that employees were told they were being fired for poor performance despite receiving glowing evaluations just months earlier.
Attorney Norm Eisen, one of the attorneys representing the plaintiffs, vowed to defend the order. “Our coalition remains committed to ensuring that justice prevails for every affected probationary worker,” he said.
The federal government, on the other hand, said the sweeping order requiring the employees to be rehired goes beyond the judge’s legal authority. The plaintiffs never had legal standing to sue and did not prove that the Office of Personnel Management wrongly directed the firings, the Justice Department argued on appeal.
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Turkish court orders key Erdogan rival jailed pending trial on corruption charges
Legal Interview |
2025/03/21 05:57
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A court formally arrested the mayor of Istanbul, a key rival to President Recep Tayyip Erdogan, on Sunday and ordered him jailed pending the outcome of a trial on corruption charges.
Mayor Ekrem Imamoglu was detained following a raid on his residence earlier this week, sparking the largest wave of street demonstrations in Turkey in more than a decade. It also deepened concerns over democracy and rule of law in Turkey.
His imprisonment is widely regarded as a political move to remove a major contender from the next presidential race, currently scheduled for 2028. Government officials reject the accusations and insist that Turkey’s courts operate independently.
The prosecutor’s office said the court decided to jail Imamoglu on suspicion of running a criminal organization, accepting bribes, extortion, illegally recording personal data and bid-rigging. A request for him to be imprisoned on terror-related charges was rejected although he still faces prosecution. Following the court’s ruling, Imamoglu was transferred to Silivri prison, west of Istanbul.
The Interior Ministry later announced that Imamoglu had been suspended from duty as a “temporary measure.” The municipality had previously appointed an acting mayor from its governing council.
Alongside Imamoglu, 47 other people were also jailed pending trial, including a key aide and two district mayors from Istanbul, one of whom was replaced with a government appointee. A further 44 suspects were released under judicial control.
Interior Minister Ali Yerlikaya said Sunday that 323 people were detained the previous evening over disturbances at protests.
Largely peaceful protests across Turkey have seen hundreds of thousands come out in support of Imamoglu. However, there has been some violence, with police deploying water cannons, tear gas, pepper spray and firing plastic pellets at protesters in Istanbul, Ankara and Izmir, some of whom hurled stones, fireworks and other missiles at riot police.
The formal arrest came as more than 1.5 million members of the opposition Republican People’s Party, or CHP, began holding a primary presidential election to endorse Imamoglu, the sole candidate.
The party has also set up symbolic ballot boxes nationwide to allow people who are not party members to express their support for the mayor. Large crowds gathered early Sunday to cast a “solidarity ballot.”
“This is no longer just a problem of the Republican People’s Party, but a problem of Turkish democracy,” Fusun Erben, 69, said at a polling station in Istanbul’s Kadikoy district. “We do not accept our rights being so easily usurped. We will fight until the end.”
Speaking at a polling station in Bodrum, western Turkey, engineer Mehmet Dayanc, 38, said he feared that “in the end we’ll be like Russia, a country without an opposition, where only a single man participates in elections.”
In a message posted on social media, Imamoglu called on people to show “their struggle for democracy and justice to the entire world” at the ballot box. He warned Erdogan that he would be defeated by “our righteousness, our courage, our humility, our smiling face.”
“Honestly, we are embarrassed in the name of our legal system,” Ankara Mayor Mansur Yavas, a fellow member of Imamoglu’s CHP, told reporters after casting his vote, criticizing the lack of confidentiality in the proceedings.
CHP leader Ozgur Ozel said Imamoglu’s imprisonment was reminiscent of “Italian mafia methods.” Speaking at Istanbul City Hall, he added: “Imamoglu is on the one hand in prison and on the other hand on the way to the presidency.”
The Council of Europe, which focuses on promoting human rights and democracy, slammed the decision and demanded Imamoglu’s immediate release.
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Under threat from Trump, Columbia University agrees to policy changes
Legal Interview |
2025/03/16 05:59
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Under threat from the Trump administration, Columbia University agreed to implement a host of policy changes Friday, including overhauling its rules for protests and conducting an immediate review of its Middle Eastern studies department.
The changes, detailed in a letter sent by the university’s interim president, Katrina Armstrong, came one week after the Trump administration ordered the Ivy League school to enact those and other reforms or lose all federal funding, an ultimatum widely criticized in academia as an attack on academic freedom.
In her letter, Armstrong said the university would immediately appoint a senior vice provost to conduct a thorough review of the portfolio of its regional studies programs, “starting immediately with the Middle East.”
Columbia will also revamp its long-standing disciplinary process and bar protests inside academic buildings. Students will not be permitted to wear face masks on campus “for the purposes of concealing one’s identity.” An exception would be made for people wearing them for health reasons.
In an effort to expand “intellectual diversity” within the university, Columbia will also appoint new faculty members to its Institute for Israel and Jewish Studies department. It will also adopt a new definition of antisemitism and expand programming in its Tel Aviv Center, a research hub based in Israel.
The policy changes were largely in line with demands made on the university by the Trump administration, which pulled $400 million in research grants and other federal funding, and had threatened to cut more, over the university’s handling of protests against Israel’s military campaign in Gaza.
The White House has labeled the protests antisemitic, a label rejected by those who participated in the student-led demonstrations.
A message seeking comment was left with a spokesperson for the Education Department. As a “precondition” for restoring funding, federal officials demanded that the university to place its Middle Eastern, South Asian and African Studies Department under “academic receivership for a minimum of five years.”
They also told the university to ban masks on campus, adopt a new definition of antisemitism, abolish its current process for disciplining students and deliver a plan to ”reform undergraduate admissions, international recruiting, and graduate admissions practices.”
Historians had described the order as an unprecedented intrusion on university rights long treated by the Supreme Court as an extension of the First Amendment.
On Friday, freedom of speech advocates immediately decried Columbia’s decision to acquiesce. |
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Japan’s trade minister fails to win US assurances on tariff exemptions
Topics in Legal News |
2025/03/12 23:44
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Japan’s trade minister said this week that he has failed to win assurances from U.S. officials that the key U.S. ally will be exempt from tariffs, some of which take effect on Wednesday.
Yoji Muto was in Washington for last ditch negotiations over the tariffs on a range of Japanese exports including cars, steel and aluminum.
Muto said Monday in Washington that Japan, which contributes to the U.S. economy by heavily investing and creating jobs in the United States, “should not be subject to” 25% tariffs on steel, aluminum and auto exports to America.
His meetings with U.S. Commerce Secretary Howard Lutnick, U.S. Trade Representative Jamieson Greer and White House economic advisor Kevin Hassett came just two days before the steel and aluminum tariffs are due to take effect. President Donald Trump has also said a possible 25% tariff on imported foreign autos could take effect in early April.
Muto said the U.S. officials acknowledged Japanese contributions and agreed to continue talks, but did not approve his request for Japan’s exemption from the steep import duties.
“We did not receive a response that Japan will be exempt,” Muto told reporters. “We must continue to assert our position.”
As Trump’s tariff threats have triggered tensions and vows of retaliation from Canada, Mexico and China, Japan has been working to firm up ties with other countries.
Last week, the foreign and trade ministers from Japan and Britain gathered in Tokyo for their first “two-plus-two” economic dialogue. They agreed to stand up for “fair, rules-based international trade,” though nobody directly mentioned Trump.
Japan depends heavily on exports and the auto tariffs would hurt, because vehicles are its biggest export and the United States is their top destination.
“Clearly companies in Japan are very concerned,” said Rintaro Nishimura, political analyst and associate at Japan Practice of The Asia Group. “Obviously the auto is the crown jewel for Japan, especially in the context of these tariffs.” He says they are concerned also because the Trump administration is carrying it out in just two months after taking office.
Trump also has criticized Japan’s contributions to the two countries’ mutual defense arrangements, adding to tensions with Tokyo.
Muto said the two sides agreed to keep discussing to find ways to establish a “win-win” relationship that would serve national interests of both countries.
The two sides also discussed energy cooperation, including joint development of liquefied natural gas reserves in Alaska, which Trump and Prime Minister Shigeru Ishiba agreed on during Ishiba’s visit to the White House in February.
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Supreme Court makes it harder for EPA to police sewage discharges
Headline Legal News |
2025/03/07 07:23
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A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling for San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains.
By a 5-4 vote, the court’s conservative majority ruled that the Environmental Protection Agency overstepped its authority under the Clean Water Act with water pollution permits that contain vague requirements for maintaining water quality.
The decision is the latest in which conservative justices have reined in pollution control efforts.
Justice Samuel Alito wrote for the court that EPA can set specific limits that tell cities and counties what can be discharged. But the agency lacks the authority “to include ‘end-result’ provisions,” Alito wrote, that make cities and counties responsible for maintaining the quality of the water, the Pacific Ocean in this case, into which wastewater is discharged.
“When a permit contains such requirements, a permittee that punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards,” he wrote.
One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent. Limits on discharges sometimes still don’t insure water quality standards are met, Barrett wrote.
“The concern that the technology-based effluent limitations may fall short is on display in this case,” Barrett wrote, adding that “discharges from components of San Francisco’s sewer system have allegedly led to serious breaches of the water quality standards, such as ‘discoloration, scum, and floating material, including toilet paper, in Mission Creek.’”
The case produced an unusual alliance of the liberal northern California city, energy companies and business groups.
The EPA has issued thousands of the permits, known as narrative permits, over several decades, former acting general counsel Kevin Minoli said.
The narrative permits have operated almost as a backstop in case permits that quantify what can be discharged still result in unacceptable water quality, Minoli said.
With the new restrictions imposed by the court, “the question is what comes in place of those limits,” Minoli said.
Alito downplayed the impact of the decision, writing that the agency has “the tools needed” to insure water quality standards are met.
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