Legal AF by MeidasTouch: Trump Faces Major Setback as Appeals Court Shreds Him

Episode Title: Trump Faces Major Setback as Appeals Court Shreds Him
Host: Michael Popak
Release Date: March 21, 2025
Podcast: Legal AF by MeidasTouch
Description: In this episode, host Michael Popak delves into a significant legal development where the Ninth Circuit Court of Appeals has delivered a decisive ruling against former President Donald Trump and his administration. The discussion navigates the intricacies of the case, the court's decision, and the broader implications for Trump's ongoing efforts to reshape the judiciary.

1. Introduction

Michael Popak opens the episode by introducing the critical legal battle involving Donald Trump and the Ninth Circuit Court of Appeals in California. He sets the stage for a detailed analysis of the court's recent ruling and its implications for the Trump administration.

2. Background of the Case

The core of the discussion revolves around a legal challenge brought by the American Federation of Government Employees (AFGE) and the AFL-CIO against the United States Office of Personnel Management (OPM) and Commerce Secretary Howard Lutnick. The plaintiffs argue that the Trump administration improperly terminated tens of thousands of probationary federal workers, violating constitutional protections.

3. Lower Court's Ruling and Preliminary Injunction

Judge Alsop, a respected senior judge from the lower court, issued a preliminary injunction ordering the Trump administration to reinstate the unlawfully terminated probationary workers. Popak recounts Judge Alsop's stern admonishment:

"I think you're lying to me about the fact that you fired these probationary workers, the lifeblood of our federal democracy and our bureaucracy."
— Judge Alsop, [01:30]

This injunction aimed to maintain the status quo—reinstating the workers to preserve the integrity of federal operations.

4. Ninth Circuit's Decision

The Trump administration appealed Judge Alsop's decision to the Ninth Circuit Court of Appeals, seeking to overturn the injunction. In a landmark 2 to 1 decision, the Ninth Circuit denied the request for an administrative stay, effectively upholding the lower court's order. Popak emphasizes the court's succinct reasoning:

"Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to the status quo..."
— Michael Popak, [02:45]

The majority opinion maintained that the preliminary injunction should remain in place, asserting that allowing the status quo to continue was essential to prevent further disruption.

5. Dissenting Opinion

Judge Bade, a Trump-appointed judge, filed a dissenting opinion. Popak critiques Judge Bade's stance, highlighting the disagreement within the court:

"I disagree with Judge Bade about the status quo can't be preserved and therefore we should issue an administrative stay."
— Michael Popak, [05:55]

Judge Bade argued that preserving the status quo was unfeasible due to the "whiplash effect" of repeated firings and hirings, but the majority disagreed, reaffirming their support for the injunction.

6. Twist of Fate: Vacancy in the Ninth Circuit

In a noteworthy turn of events, the episode details the first judicial vacancy in the Ninth Circuit since the onset of the Trump administration. Popak explains:

"The first new judge, a Trumper who will be appointed, who was the person who voted against or voted for the Trump administration today."
— Michael Popak, [02:15]

This vacancy presents an opportunity for Trump to appoint a judge who may influence the court's future decisions, potentially shifting its balance.

7. Trump's Judiciary Strategy

Popak explores Trump's broader strategy to reshape the federal judiciary. He notes that Trump has targeted the Ninth Circuit, traditionally seen as moderate to liberal, to install more conservative judges:

"He's already got his first opening. You know, he'll probably get three or four more moving it to the center, if not towards the right for a reliably moderate liberal circuit, the 9th."
— Michael Popak, [06:10]

The discussion extends to the potential expansion of the federal judiciary, drawing parallels to Ronald Reagan's efforts to influence long-term judicial trends.

8. Implications and Future Steps

The Ninth Circuit's decision marks a significant setback for Trump, requiring the administration to seek further appeals, possibly reaching the United States Supreme Court. Popak underscores the importance of this ruling:

"Good news. Ninth Circuit denies the administrative stay, keeps the injunction in place. Donald Trump will have to go up to the United States Supreme Court."
— Michael Popak, [06:40]

Additionally, the episode highlights the ongoing changes within the Ninth Circuit, including Judge Sandra Siegel Ikuda's transition to senior status, which may open doors for Trump-appointed judges to further influence the court's direction.

9. Conclusion

Michael Popak wraps up the episode by reaffirming the significance of the Ninth Circuit's ruling and its impact on the Trump administration's legal challenges. He invites listeners to follow ongoing developments on the Midas Touch Network and Legal AF platforms, highlighting the continuous coverage of law and politics intersections.

Notable Quotes

• "I think you're lying to me about the fact that you fired these probationary workers, the lifeblood of our federal democracy and our bureaucracy."
  — Judge Alsop, [01:30]

• "Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to the status quo."
  — Michael Popak, [02:45]

• "I disagree with Judge Bade about the status quo can't be preserved and therefore we should issue an administrative stay."
  — Michael Popak, [05:55]

• "He's already got his first opening. You know, he'll probably get three or four more moving it to the center, if not towards the right for a reliably moderate liberal circuit, the 9th."
  — Michael Popak, [06:10]

• "Good news. Ninth Circuit denies the administrative stay, keeps the injunction in place. Donald Trump will have to go up to the United States Supreme Court."
  — Michael Popak, [06:40]

This episode of Legal AF by MeidasTouch offers a comprehensive analysis of a pivotal legal battle involving Donald Trump, providing listeners with in-depth insights into the judicial processes and the far-reaching implications of the Ninth Circuit's ruling.