Trump Faces Major Setback as Appeals Court Shreds Him

Summary

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.

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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.

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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]

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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.

Transcript

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[Michael Popak]

This is the cruel Twist of Fate edition on Midas Touch Network, all about the ninth Circuit Court of Appeals out of California. On one hand, just a few minutes ago, they ruled against Donald Trump and the Trump administration to try to stop Judge Alsop's order. A lower court judge requiring by injunction that Donald Trump rehire all of those tens of thousands of probationary federal workers that they fired in an unconstitutional way in violation of law. The 9th Circuit in a 2 to 1 decision said, we're not doing that. We're not staying. We're going to keep the status quo was created by Judge Alsop. But in the cruel twist of fate feature, the first opening, the first vacancy since the Trump administration started is in the ninth Circuit. That'll be the first new judge, a Trumper who will be appointed, who was the person who voted against the or voted for the Trump administration today. And on the losing end of a 2 to 1 decision at the 9th Circuit, a Trump appointed judge. I tie it all together here on the Midas Touch Network. I'm talking about the the case brought by the largest union representing federal workers, the American Federation of Government Employees and the AFL CIO against the United States Office of Personnel Management, its acting director, Charles Ezell, and the Secretary of Commerce, Howard Lutnick and others. And this was that hearing that we spent so much time talking about in hot takes where Judge Alsop, a senior status judge, in fact a judge we know well. Ben Meiselas, my law partner here on the Midas Touch Network, practiced in front of Judge Alsop, very well considered a lion of the federal bench. He said, 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. And these people are important to connect the American people to their government, to be loyal and faithful civil servants. We need probationary workers to grow up through the organization, to be trained in the organization. And you just fired them all and you lied to me and said it was done for performance reasons when we know that's not true. Judge entered an order to try to preserve what's called the status quo before the bad conduct the status quo before the bad conduct. That's the status quo that judges care about. And in order to get back that unscramble the egg, the judge issued an injunction later, a preliminary injunction that ordered the Trump administration to rehire everybody and do that by today. Another judge in Maryland did the same thing, Judge Bredar. This led to an appeal by Donald Trump to the 9th Circuit on the merits of the case. We call that a merits appeal. In the meantime, they asked for a stay from the judge. Judge Alsop said no. They asked the 9th Circuit for an administrative stay, hold the ring until the full appeal can be conducted and then a two to one decision. The one person being a Trumper or Trump appointed judge. Sorry, the ninth Circuit said no. And the basically and it's very short, they did it in a page. They said that given that the district court found that the employees were wrongfully terminated and ordered an immediate return to the status quo. In other words, what is the state of affairs before the wrongful conduct that.

[Unknown Co-Host]

Was they were employed.

[Michael Popak]

We got to go back to they were employed. That's the status quo that this injunction preserves and the stay. Since the state would not preserve the status quo right staying it would actually overturn the status quo. And therefore the the appellate court said in a 2 to 1 decision, no, an administrative state of the district court's order would not preserve the status quo. Therefore it would do just the opposite. It would disrupt the status quo and turn it on its head. And therefore it set a briefing schedule for the rest of these motions in the next few days.

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[Michael Popak]

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[Michael Popak]

The Judge in Dissent Judge Bade a Trump appointee. She went through an eight or nine page analysis as to why she thinks the status quo can't be fixed because the whiplash effect of firing and hiring, hiring and firing. Look, I've questioned myself who's going to want to return to the Trump administration at this point once fired. But that's not the order of the judge. The judge is to rehire them the best you can. And about these six agencies. So I disagree with Judge Bate about the status quo can't be preserved and therefore we should issue an administrative stay. I don't think that's the right factor analysis and I agree with the two judges who sided against her. Now here's the twist of fate. We knew there were eventually judges were going to start resigning or retiring or dying. It happens. And we're already over 60 days into this administration. Would you believe the first judge opening just happened? Where else? Same day, 9th Circuit Court of Appeals. As Trump tries to reshape the face of the judiciary his second time around. The 9th Circuit is is often referred to as a very moderate to liberal circuit. It's getting a little bit less so because Trump had his hand the first time around to put some liberal judge to put some moderate, sorry, right wing MAGA judges. I'll get it right. Right wing MAGA judges on that court. Now 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. That's why so many of the cases filed against the Trump administration so far are being filed in California in order to get to the 9th Circuit. But Sandra Siegel Ikuda, who was appointed by George W. Bush, has said she's throwing in the towel. She's hit senior status. She'll stay practice. She'll stay as a judge on the bench until there is a appointment and a confirmation by by Donald Trump. It won't be the last, unfortunately. He'll probably get the ability to appoint a couple of hundred before this is over. And I haven't even gotten to the point that we raised before the election that Donald Trump will likely try to use MAGA Congress to expand the federal judiciary to add maybe up to 1,000 new judges that he gets to a point much like Ronald Reagan did his time around. We're not there yet. But you can see that on the other side of the coin of the assault on the judiciary by Donald Trump is to expand the judiciary to allow him to appoint all of his sycophants and bootlickers and MAGA supporting people. And that would devastate what you know, it would change for two generations what our judiciary looks like and its political leanings. So 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, probably take it up with the Maryland case. That's also against him after it comes through the 4th Circuit. But we got a loss for Donald Trump at the appellate level, another one from the ninth Circuit. But we got the first toehold in Donald Trump to re resurface or change the face of the 9th Circuit with the retirement of one of the judges. I'll continue to follow it all in the Midas Touch Network and on legal Afghanistan till my next reporting. I'm Michael Popak. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel.

[Unknown Co-Host]

Help us build this pro democracy channel.

[Michael Popak]

Where I'll be curating the top stories the intersection of law and politics. Go to YouTube now and free subscribe @legalafmtn. That's egalafmtn.