I’m seeing on social media a lot of questions about “irreparable harm.” Surely, there is irreparable harm happening to the recipients, say, of USAID! People are literally starving and dying.
The unfortunate thing is, the parties who sued here are blue state attorneys general. They need to show immediate and irreparable harm to their own states. This was probably in the form of canceled contracts and the like, which Chutkan rightfully concluded don’t amount to irreparable harm.
This is a thorny issue of standing and right to sue, combined with the legal requirements of a TRO, and it just wasn’t a very good fit for one. Let’s wait to see when she sets a timetable for a hearing on a preliminary injunction. That might give Plaintiffs time to develop better evidence of harm.
I agree with many of these points. But all of us, as in those of us who recognise and value our 240 yr+ representative form of governing, should consider the current state of SCOTUS. This court is not impartial nor does it stick to constitutional interpretation and opinion. The current SCOTUS is fractured on party lines very often. They do not simply uphold the status quo. They often do the bidding of a very corrupt POTUS who upholds self interest and the self serving greed of the unelected Boer plus the triad of billionaires. The SCOTUS...will not back the law.
I agree that SCOTUS is a problem, but I hope that, like the Trump Immunity decision, SCOTUS will publish such contorted logic that they embarrass themselves in the face of the world. Over and over and over again.
Pedant note: I shifted pronouns to "they" to point to shameful 6 individuals.
Jay Kuo: I agree that the Honorable Judge Tanya Chutkan shapes up to be a tactical loss but a significant potential for a major strategic victory.
This seems to say a lot about Judge Chutkan's learnedness in the law.
Judge Chutkan has give Pam Bondi's Justice Department fair warning of the factors that will sway her (Judge Chutkan's) judgment, which gives Justice a chance to obtain evidence and prepare its legal arguments.
What's that old saying -- If it happens here, it can happen anywhere? Allowing Adams to continue in office while he is essentially being openly blackmailed means it becomes a blueprint for Trump et al. I've also sent Hochul a message even though I don't live in NY.
Did so over the weekend. She's in a tough spot, so she needs to hear from a lot of New Yorkers. I'm from Upstate, but what Adams gets away with here affects us all.
I left a message for Gov Hochul after hours as I don’t live in NY and no one could ask about where I resided.Also thanked Hochul for standing up for Dr. Carpenter, the doc Louisiana wants to extradite because she mailed abortion medication to a LA resident.
Thank you, Derek! I just emailed Gov Hochul, beseeching her to fire Adams, as he’s no longer fit to serve.
I’m from Minnesota, so I was a bit surprised that the message actually went through. When I attempt to email various other state officials, the system does not allow.
This ruling actually makes me respect Judge Chutkan even more and should do the same for m*ga after all the undue slander during her handling tr*mp's case(s). I'm fine with losing a battle as long as we win the war. Thank you for the breakdown.
This was a helpful and encouraging post, Jay. Comforting too, because—while waiting for my relief this morning, I saw a headline about DOGE cracking open IRS files. And immediately swore in the hallway outside a patient room. (I’m not proud of my behavior.)
I find it helps me to write it down when I'm in a place that's inappropriate to voice it. Then when I get in my car or when I get home - I read it aloud to myself and LOUD!
You have the self-control to write it down, get in your car, drive home and then take it out of your bag to read it aloud😂 I'm laughing because you're amazing. You get an award emoji🏆 🙏
One of the positives of living alone is being able to cry, scream and curse all at the same time, several times a day, without offending anyone.That's why I have Alexa turned off on my kindle fire so she can't spy on me (I hope) when I have to rant. Wouldn't be pretty.
Thank God for the heroes of democracy who are risking their livelihoods for the sake of integrity and principles of democracy!!! I am in awe of them and hope that we can get some of that integrity and fearlessness to transfer to Congress!
My first thought was Judge Chutkan is afraid, but thank you for updating us and explaining. Also, Eric Adams will regret his pact with the Tangerine Tyrant. Bigly!
Go back to precious Riley and enjoy the rest of your day.
Jay, what do you think of the veteran prosecutor who caved to "save the jobs of his colleagues"? I hear a lot of excuses but no one calling him a coward or unethical. Am I missing something?
Thanks for this update! Just want to note, the way Trump has leverage over Adams because of his illegal actions is EXACTLY why we have to worry about foreign governments, certainly Putin, having leverage over Trump. Putin knows about some very criminal actions, I’d guess. 😕
I’m seeing on social media a lot of questions about “irreparable harm.” Surely, there is irreparable harm happening to the recipients, say, of USAID! People are literally starving and dying.
The unfortunate thing is, the parties who sued here are blue state attorneys general. They need to show immediate and irreparable harm to their own states. This was probably in the form of canceled contracts and the like, which Chutkan rightfully concluded don’t amount to irreparable harm.
This is a thorny issue of standing and right to sue, combined with the legal requirements of a TRO, and it just wasn’t a very good fit for one. Let’s wait to see when she sets a timetable for a hearing on a preliminary injunction. That might give Plaintiffs time to develop better evidence of harm.
I guess it's a good thing that some judges still respect the rule of law. It would certainly be better if they all did!
I agree with many of these points. But all of us, as in those of us who recognise and value our 240 yr+ representative form of governing, should consider the current state of SCOTUS. This court is not impartial nor does it stick to constitutional interpretation and opinion. The current SCOTUS is fractured on party lines very often. They do not simply uphold the status quo. They often do the bidding of a very corrupt POTUS who upholds self interest and the self serving greed of the unelected Boer plus the triad of billionaires. The SCOTUS...will not back the law.
I agree that SCOTUS is a problem, but I hope that, like the Trump Immunity decision, SCOTUS will publish such contorted logic that they embarrass themselves in the face of the world. Over and over and over again.
Pedant note: I shifted pronouns to "they" to point to shameful 6 individuals.
Thanks for the update, Jay! Many more lawsuits are moving forward. My partner is filing one against the muskrat for his racist firing of DEI civil servants: https://democracydefender2025.substack.com/p/can-you-help-fund-my-partners-lawsuit
Thanks for taking time out of your weekend to keep us up to date. Truly and deeply appreciated!
Jay Kuo: I agree that the Honorable Judge Tanya Chutkan shapes up to be a tactical loss but a significant potential for a major strategic victory.
This seems to say a lot about Judge Chutkan's learnedness in the law.
Judge Chutkan has give Pam Bondi's Justice Department fair warning of the factors that will sway her (Judge Chutkan's) judgment, which gives Justice a chance to obtain evidence and prepare its legal arguments.
This is the way due process is supposed to look.
If you’re a NYS resident send Gov Hochul a message requesting she exercise her duty and extirpate Adams:
https://www.governor.ny.gov/content/governor-contact-form
Hell, even if you’re NOT a NYS resident, drop her a note.
What's that old saying -- If it happens here, it can happen anywhere? Allowing Adams to continue in office while he is essentially being openly blackmailed means it becomes a blueprint for Trump et al. I've also sent Hochul a message even though I don't live in NY.
Did so over the weekend. She's in a tough spot, so she needs to hear from a lot of New Yorkers. I'm from Upstate, but what Adams gets away with here affects us all.
I left a message for Gov Hochul after hours as I don’t live in NY and no one could ask about where I resided.Also thanked Hochul for standing up for Dr. Carpenter, the doc Louisiana wants to extradite because she mailed abortion medication to a LA resident.
Thank you, Derek! I just emailed Gov Hochul, beseeching her to fire Adams, as he’s no longer fit to serve.
I’m from Minnesota, so I was a bit surprised that the message actually went through. When I attempt to email various other state officials, the system does not allow.
So, thanks for the idea and the nudge!
Just did!
Hochul has to know that a foundational part of the NYC workforce is immigrants. I think she'll do the right thing.
Done. And I do live in NY.
Just sent an email
Thank you for update. Not what I had hoped but I understand the logic of the Judge.
This ruling actually makes me respect Judge Chutkan even more and should do the same for m*ga after all the undue slander during her handling tr*mp's case(s). I'm fine with losing a battle as long as we win the war. Thank you for the breakdown.
I agree
I like that she is following the law, slowly reeling in dodge and the government
I feel like she is setting a trap
And given the quality of the doj right now, the doj /dodge will probably fall into the trap
I have faith in judge chucken
I just hope she has time to set her trap before the USA totally crumbles!
Well said
This was a helpful and encouraging post, Jay. Comforting too, because—while waiting for my relief this morning, I saw a headline about DOGE cracking open IRS files. And immediately swore in the hallway outside a patient room. (I’m not proud of my behavior.)
Don't be hard on yourself. I don't know if I would have made it to the hallway.
Thanks Robin! You understand.
Completely 💕
I find it helps me to write it down when I'm in a place that's inappropriate to voice it. Then when I get in my car or when I get home - I read it aloud to myself and LOUD!
You have the self-control to write it down, get in your car, drive home and then take it out of your bag to read it aloud😂 I'm laughing because you're amazing. You get an award emoji🏆 🙏
One of the positives of living alone is being able to cry, scream and curse all at the same time, several times a day, without offending anyone.That's why I have Alexa turned off on my kindle fire so she can't spy on me (I hope) when I have to rant. Wouldn't be pretty.
Thanks for taking the time to share this insight, Jay. Enjoy the rest of your weekend!
Thank God for the heroes of democracy who are risking their livelihoods for the sake of integrity and principles of democracy!!! I am in awe of them and hope that we can get some of that integrity and fearlessness to transfer to Congress!
My first thought was Judge Chutkan is afraid, but thank you for updating us and explaining. Also, Eric Adams will regret his pact with the Tangerine Tyrant. Bigly!
Go back to precious Riley and enjoy the rest of your day.
Jay, what do you think of the veteran prosecutor who caved to "save the jobs of his colleagues"? I hear a lot of excuses but no one calling him a coward or unethical. Am I missing something?
Trying hard to cram some education about the law into my life now since I didn’t choose that route years ago. Thank you, Jay, for this explainer.
Thanks for adding clarity. I was hoping it would be different, but your explanation is helpful.
Your work is so helpful and especially timely today on this subject. Grateful you jumped in.
Thanks for this update! Just want to note, the way Trump has leverage over Adams because of his illegal actions is EXACTLY why we have to worry about foreign governments, certainly Putin, having leverage over Trump. Putin knows about some very criminal actions, I’d guess. 😕