Some Breaking News

Some disappointing, some encouraging

I said I wouldn’t publish today, but things are moving fast, so here’s a quickie.

Judge Chutkan’s ruling on emergency relief

You may have heard, but Judge Tanya Chutkan declined just now to issue emergency relief halting DOGE on grounds Musk was illegally appointed.

The case was brought by a group of blue state attorneys general who argued that DOGE was improperly constituted and Musk is acting without authority because he was never confirmed properly by the Senate. They were hoping for a temporary restraining order today to put the brakes on DOGE on a “high level”—aiming for its legitimacy rather than focusing on the illegality of its actions.

But Judge Chutkan wasn’t on board for the TRO.

Before we all freak out, I can see the logic behind this, even if I don’t like the decision.

To obtain a TRO, you have to show a high likelihood of irreparable harm with highly specific, credible evidence. Chutkan expressed skepticism with both sides during the oral argument today, noting that the plaintiffs had not presented sufficient specific evidence of irreparable harm, even while scoffing at the Justice Department’s claim that Musk has no “formal” authority to make government decisions. Note that the former weighs on her decision to issue a TRO, while the latter gets to the heart of the legal issue presented.

One thing that may have swayed her ruling is that the plaintiffs couldn’t adequately explain why emergency relief is warranted in this case when TROs have already been granted in other cases. If you’ve been following my posts, the government is supposed to be enjoined from freezing payments and firing many kinds of workers already. Several TROs have issued. But they’re playing a game of cat-and-mouse, arguing that certain actions are not government-wide freezes or firings but rather targeted actions.

That said, one more TRO that the government doesn’t pay enough heed to is not going to change anything, at least it seemed in Chutkan’s mind.

MAGA is celebrating this win and expressing disbelief that Chutkan would rule this way, but they are misunderstanding what it means. This isn’t a decision on the merits. It’s a decision not to issue extraordinary relief in the form of a temporary restraining order. It does not preclude the issuance later of a preliminary injunction.

The bigger legal question still remains very much at issue: Was Musk not properly appointed and confirmed by the Senate in this position, as someone with his level of authority should have been? She will be setting a schedule to hear that question in the near future. This is not an open and shut legal case, and it will likely be immediately appealed either way.

Keep in mind that with so many legal cases pending, there will be wins and losses, many of them procedural setbacks like we saw today. What is required as a showing by plaintiffs in different settings, especially given changing circumstances, will be considered closely by judges. And sometimes they won’t quite hit the bar. It doesn’t by any means mean that the good guys have lost the case.

Aides abandoning Eric Adams

The New York Times just reported that four deputy mayors in New York City are planning to resign in coming days after Mayor Eric Adams agreed to cooperate with President Trump’s immigration crackdown. These deputy mayors oversee much of New York government, and their departures will raise the stakes significantly for everyone. This includes for Gov. Kathy Hochul, who said she is reviewing whether to remove Adams as mayor, as is her right under the city’s charter.

Among those leaving is the Deputy Mayor for Public Safety, Chauncey Parker, who would be charged with enforcing Trumpian policies around immigration. If you recall, one of the concessions Adams apparently has made in his “deal” that is “not a deal” with Trump is to permit ICE agents into Rikers and presumably other city jails. That probably sat very poorly with Parker.

What started as a local story is now a national one because Trump has moved to hold Adams hostage. Trump is keeping the threat of recharging Adams hanging over his head while forcing him to cooperate with federal officials on issues relating to immigration enforcement. That’s coercion, and it has no place in governance.

New York is a “sanctuary city” and Trump is intent on busting that apart. With multiple U.S. Attorneys and top aides to Adams resigning in protest over the apparent deal, the stakes keep growing higher.

Okay, back to my long weekend now.

Jay