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Appeals court rules Trump can fire board members of independent labor agencies
Attorney Blog News |
2025/03/28 15:46
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An appeals court ruled Friday that President Donald Trump can fire two board members of independent agencies handling labor issues from their respective posts in the federal government.
A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit agreed to lift orders blocking the Trump administration from removing Merit Systems Protection Board member Cathy Harris and National Labor Relations Board member Gwynne Wilcox.
On March 4, U.S. District Judge Rudolph Contreras ruled that Trump illegally tried to fire Harris. Two days later, U.S. District Judge Beryl Howell ruled that Trump did not have the authority to remove Wilcox.
The Justice Department asked the appellate court to suspend those orders while they appeal the decisions.
President Joe Biden nominated Harris to the MSPB in 2021 and nominated Wilcox to a second five-year term as an NLRB member in 2023.
Circuit Judge Justin Walker, a Trump nominee, said the administration likely will succeed in showing that the statutory removal protections for NLRB and MSPB members are unconstitutional.
“The Government has also shown that it will suffer irreparable harm each day the President is deprived of the ability to control the executive branch,” Walker wrote.
Judge Karen LeCraft Henderson, who was nominated by Republican President George H.W. Bush, wrote an opinion concurring with Walker. Henderson said she agrees with Walker on many of the “general principles” about the contours of presidential power under the Constitution.
Judge Patricia Millett, who was nominated by Democratic President Barack Obama, wrote a dissenting opinion. She said her two colleagues on the case “rewrite controlling Supreme Court precedent and ignore binding rulings of this court, all in favor of putting this court in direct conflict with at least two other circuits.”
“The stay decision also marks the first time in history that a court of appeals, or the Supreme Court, has licensed the termination of members of multimember adjudicatory boards statutorily protected by the very type of removal restriction the Supreme Court has twice unanimously upheld,” Millett wrote.
Government lawyers argued that Trump had the authority to remove both board members. In Wilcox’s case, they said Howell’s “unprecedented order works a grave harm to the separation of powers and undermines the President’s ability to exercise his authority under the Constitution.” They also argued that MSPB members like Harris are removable “at will” by the president.
Wilcox’s attorneys said Trump couldn’t fire her without notice, a hearing or identifying any “neglect of duty or malfeasance in office” on her part. They argued that the administration’s “only path to victory” is to persuade the U.S. Supreme Court to “adopt a more expansive view of presidential power.”
Harris’ attorneys claimed the administration was asking the appeals court to ignore Supreme Court precedent.
“Make no mistake: The government’s radical theory would upend the law,” they wrote. “It would jeopardize not only this board, but also the Federal Reserve Board and other critical entities, like the Securities and Exchange Commission.”
The five-member NLRB lacked a quorum after Wilcox’s removal. The three-member MSPB enforces civil rights law in the workplace.
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Supreme Court makes it harder for EPA to police sewage discharges
Attorney Blog News |
2025/03/07 07:23
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A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling for San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains.
By a 5-4 vote, the court’s conservative majority ruled that the Environmental Protection Agency overstepped its authority under the Clean Water Act with water pollution permits that contain vague requirements for maintaining water quality.
The decision is the latest in which conservative justices have reined in pollution control efforts.
Justice Samuel Alito wrote for the court that EPA can set specific limits that tell cities and counties what can be discharged. But the agency lacks the authority “to include ‘end-result’ provisions,” Alito wrote, that make cities and counties responsible for maintaining the quality of the water, the Pacific Ocean in this case, into which wastewater is discharged.
“When a permit contains such requirements, a permittee that punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards,” he wrote.
One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent. Limits on discharges sometimes still don’t insure water quality standards are met, Barrett wrote.
“The concern that the technology-based effluent limitations may fall short is on display in this case,” Barrett wrote, adding that “discharges from components of San Francisco’s sewer system have allegedly led to serious breaches of the water quality standards, such as ‘discoloration, scum, and floating material, including toilet paper, in Mission Creek.’”
The case produced an unusual alliance of the liberal northern California city, energy companies and business groups.
The EPA has issued thousands of the permits, known as narrative permits, over several decades, former acting general counsel Kevin Minoli said.
The narrative permits have operated almost as a backstop in case permits that quantify what can be discharged still result in unacceptable water quality, Minoli said.
With the new restrictions imposed by the court, “the question is what comes in place of those limits,” Minoli said.
Alito downplayed the impact of the decision, writing that the agency has “the tools needed” to insure water quality standards are met.
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Elon Musk has called for the U.S. government to eliminate entire agencies
Attorney Blog News |
2025/02/13 19:28
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Elon Musk, during a video call on Thursday at the World Governments Summit in Dubai, UAE, called for the United States to “delete entire agencies” from the federal government, pushing for drastic spending cuts and a restructuring of national priorities under President Donald Trump.
Musk, who was speaking remotely, painted a broad picture of his view on the Trump administration's goals, interweaving topics of “thermonuclear warfare” and the risks posed by artificial intelligence. He criticized what he saw as the dominance of bureaucracy over democratic governance.
“I think we do need to delete entire agencies, rather than just leaving a few behind,” Musk continued. “If we don’t remove the roots of the weed, it’s easy for it to grow back.”
Although Musk has appeared at the summit before, this time his comments carried more weight, as he now holds significant control over certain government functions, especially with Trump’s endorsement, after taking charge of the Department of Government Efficiency. His role has involved sidelining long-term government officials, gaining access to sensitive data, and prompting legal debates about presidential power limits.
In his remarks, Musk also expressed an isolationist stance regarding U.S. influence in the Middle East, especially given the ongoing legacy of the U.S. wars in Afghanistan and Iraq following the September 11, 2001, terrorist attacks.
Musk emphasized that under Trump, the U.S. has become “less interested in interfering with the affairs of other countries,” suggesting that the U.S. had sometimes been overly aggressive in international affairs. Speaking to the UAE audience, Musk noted, “There are times the United States has been kind of pushy in international affairs, which may resonate with some members of the audience,” acknowledging the UAE's autocratic governance.
On domestic matters, Musk touched on the Trump administration's push to eliminate diversity, equity, and inclusion (DEI) efforts, linking it to the potential risks of AI. He joked, “If hypothetically, AI is designed for DEI, you know, diversity at all costs, it could decide that there’s too many men in power and execute them.”
Regarding AI, Musk revealed that X’s new AI chatbot, Grok 3, would be ready in about two weeks, calling it “kind of scary.” He also criticized Sam Altman’s leadership at OpenAI, comparing it to a nonprofit dedicated to saving the Amazon rainforest that becomes a lumber company. Musk recently made a $97.4 billion bid to take over OpenAI, and a court filing on his behalf stated that he would withdraw the offer if OpenAI proceeds with its plan to become a for-profit entity.
Musk also shared plans for a new “Dubai Loop” project as part of his work with the Boring Company, which has been digging tunnels in Las Vegas to accelerate transit. According to a later statement from Dubai’s crown prince, Sheikh Hamdan bin Mohammed Al Maktoum, Dubai and the Boring Company would explore the development of a 17-kilometer (10.5-mile) underground network with 11 stations capable of transporting over 20,000 passengers per hour. No financial terms were disclosed. |
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Man Charged with Stalking Caitlin Clark Declares Guilt
Attorney Blog News |
2025/01/29 08:19
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by marathonlegalblog.com
A Texas man, Michael Thomas Lewis, 55, faces felony stalking charges for allegedly harassing Caitlin Clark, the WNBA rookie of the year and Indiana Fever star. During his initial court appearance on Tuesday, Lewis shouted, "guilty as charged," before exhibiting erratic behavior, including laughing and joking, as reported by WISH-TV Indianapolis. He also disclosed he had not been taking his medication while in custody or living in his car.
Prosecutors allege Lewis began harassing Clark on December 16, repeatedly contacting her and posting disturbing messages on social media. Some posts were sexually explicit and included threats, which authorities say caused Clark to feel terrorized and intimidated. In one post, Lewis mentioned driving by Gainbridge Fieldhouse, where the Fever play, and joked about being close to a stalking charge.
Lewis allegedly traveled from Texas to Indianapolis to be near Clark, prompting prosecutors to request a higher bond. The court set his bond at $50,000, with conditions requiring him to wear an ankle monitor and stay in Indiana if released. He is also barred from coming within 500 feet of the Fever’s home arenas.
The court entered a not guilty plea on his behalf, with Judge Angela Davis advising him to remain silent and communicate only with his attorney. A remote pretrial hearing is scheduled for March 31. |
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Small businesses brace themselves for potentially disruptive TikTok ban
Attorney Blog News |
2025/01/01 19:49
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A looming TikTok ban could affect the millions of small businesses that use the short-video social media app to help them grow their business.
Desiree Hill, owner of Crown’s Corner Mechanic in Conyers, Georgia, started her business solo as a mobile mechanic. Sharing videos of her work on TikTok helped spread the word and she became so popular she was able to open a 9,000 square foot brick and mortar shop with five employees 18 months ago.
“Every day I get at least two to three customers that have seen me on TikTok, watched my videos and wanted to become a customer,” she said.
Though TikTok has been around only since 2016, small business owners use the platform in a variety of ways, from growing a customer base to advertising and marketing, as well as selling goods directly from the site.
According to TikTok’s own estimates, small businesses on TikTok would lose more than $1 billion in revenue in a single month if the ban goes into effect.
The Justice Department ordered the app’s China-based parent company, ByteDance, to sell TikTok or face a U.S. ban by Jan. 19, citing security concerns. The Supreme Court will take up the matter in January. President-elect Donald Trump, who takes office Jan. 20, has asked the Supreme Court for a delay.
If a ban does occur, small businesses will have to migrate to other platforms to find their customers. Instagram Reels, SnapChat and YouTube Shorts are alternatives. The good news is brands likely already have a presence there. But it may be harder to reach teens that have made TikTok their preferred social media app.
Another alternative is to build a strong database of customers that opt in to providing contact emails or phone numbers. That lets owners reach out directly to customers with promotions and other marketing messages.
But Crown Corner Mechanic’s Hill said she is worried that other sites may not have the reach that TikTok does. She has a presence on YouTube, Instagram and Facebook, but it’s not the same, she said.
“I am worried because there is no preparation for this,” she said. “It holds such a significant place in regards to my customer base and how I reach customers that if I lose TikTok, I will lose a large part of my business or I will lose my ability to grow anymore.”
Crystal Lister is the owner of Mommy and Me: The Listers, in Cypress, Texas, which offers interactive workshops about STEM education. She’s working on pivoting to YouTube for videos and Instagram Reels for teasers to direct people to YouTube, but said TikTok is easier.
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