Trump in February issued an executive order directing agencies to implement “large-scale reductions in force,” or RIFs, per DOGE’s plan to slash the federal government. A number of unions and nonprofit groups challenged the order in court, and a district court issued an injunction temporarily blocking it as legal proceedings continued.
Justice Jackson said the lower court’s injunction had been a “temporary, practical, harm-reducing preservation of the status quo,” which was nonetheless “no match for this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture.”
In this case, the lower court carefully reviewed the evidence and issued “a detailed 55-page opinion,” she wrote. The Supreme Court, meanwhile, “from its lofty perch far from the facts or the evidence,” cannot “fully evaluate, much less responsibly override, reasoned lower court factfinding about what this challenged executive action actually entails.”
Beyond being procedurally “troubling,” Jackson torched the majority’s decision as “puzzling, and ultimately disheartening, given the extraordinary risk of harm that today’s ruling immediately unleashes.” Trump’s order, after all, paves the way for “mass employee terminations, widespread cancellation of federal programs and services, and the dismantling of much of the Federal Government as Congress has created it,” Jackson wrote.
What one person (or President) might call bureaucratic bloat is a farmer’s prospect for a healthy crop, a coal miner’s chance to breathe free from black lung, or a preschooler’s opportunity to learn in a safe environment. The details of the programs that this executive action targets are the product of policy choices that Congress has made—a representative democracy at work.
Throwing caution to the wind, Jackson wrote, the majority clears the way for “the immediate and potentially devastating aggrandizement of one branch (the Executive) at the expense of another (Congress), and once again leaves the People paying the price for its reckless emergency-docket determinations.”
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