Judge alleges Trump admin misled SCOTUS about injunction – Law & Crime
President Donald Trump listens during a swearing in ceremony for Dr. Mehmet Oz to be Administrator of the Centers for Medicare and Medicaid Services, in the Oval Office of the White House, Friday, April 18, 2025, in Washington (AP Photo / Alex Brandon).
The Trump administration provided incorrect information to the U.S. Supreme Court in a recent high-profile case about firing federal employees, according to a federal judge sitting in San Francisco.
On Monday, in a terse, two-page filing, U.S. District Judge Susan Illston, a Bill Clinton appointee, told the U.S. Court of Appeals for the 9th Circuit that the U.S. Department of Justice substantially mischaracterized the reach of a preliminary injunction the lower court issued in response to one of President Donald Trump’s executive orders.
That injunction, issued in late May, came on the heels of a temporary restraining order issued in early May. Later that same month, a three-judge panel on the 9th Circuit upheld the lower court order, rejecting the government’s request to stay the injunction.
Then, in early June, U.S. Solicitor General D. John Sauer filed a 147-page application for an emergency stay with the nation’s high court.
In that application, Sauer described Illston’s injunction in the following terms: “In fact, this Office has been informed by OPM that about 40 [reductions in force] in 17 agencies were in progress and are currently enjoined.”
Now, Illston says Sauer protested a bit too much.
The district court judge, in her Monday statement, alleges the fourth-highest ranking DOJ official got both sets of numbers wrong.
“Petitioners provided this information to argue that the preliminary injunction was causing them irreparable harm,” Illston writes. “Now that petitioners have filed their RIF list, it is apparent that the figure presented to the Supreme Court included numerous agencies that are not defendants in this case and therefore were not enjoined by the District Court.”
The document goes on to list seven “non-defendant” agencies and nine RIFs which were incorrectly included in the government’s representations before the justices in its June stay application.
Illston then crunches the numbers – using bold to highlight the math.
Based on this list, petitioners’ application to the Supreme Court should have stated that the injunction paused 31 RIFs in 10 agencies, not 40 RIFs in 17 agencies. This discrepancy is not insignificant. In this Court’s view, this further underscores the Court’s previous finding that any deliberative process privilege, if it exists at all, is overridden by ‘the need for accurate fact-finding in this litigation[.]'”
While the Supreme Court stayed the injunction itself, other business in the litigation has been moving forward at the district court level.
The underlying lawsuit, filed by a coalition of labor unions, nonprofit groups, and municipalities, challenges the 45th and 47th president’s Feb. 11 executive order, “Implementing The President’s ‘Department Of Government Efficiency’ Workforce Optimization Initiative.” The order, on its own terms, purports to “commence” a “critical transformation of the Federal bureaucracy” by “eliminating waste, bloat, and insularity.” In real terms, Trump’s plans ask agency heads to quickly “initiate large-scale reductions in force,” or massive layoffs, in service of a goal to restructure the government.
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