No. 24A1174

Donald J. Trump, President of the United States, et al. v. American Federation of Government Employees, et al.

Lower Court: Ninth Circuit
Docketed: 2025-06-02
Status: Presumed Complete
Type: A
Amici (3) Experienced Counsel
Tags: None
Latest Conference: N/A

Question presented not available.

Docket Entries

2025-07-08
Application (24A1174) referred to the Court.
2025-07-08
Application (24A1174) for stay presented to Justice Kagan and by her referred to the Court is granted. The May 22, 2025 preliminary injunction entered by the United States District Court for the Northern District of California, case No. 3:25–cv–3698, is stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The District Court’s injunction was based on its view that Executive Order No. 14210, 90 Fed. Reg. 9669 (2025), and a joint memorandum from the Office of Management and Budget and Office of Personnel Management implementing that Executive Order are unlawful. Because the Government is likely to succeed on its argument that the Executive Order and Memorandum are lawful—and because the other factors bearing on whether to grant a stay are satisfied— we grant the application. We express no view on the legality of any Agency RIF and Reorganization Plan produced or approved pursuant to the Executive Order and Memorandum. The District Court enjoined further implementation or approval of the plans based on its view about the illegality of the Executive Order and Memorandum, not on any assessment of the plans themselves. Those plans are not before this Court. Justice Sotomayor concurs. (Detached Opinion) Justice Jackson dissents. (Detached Opinion)
2025-07-08
Application (24A1174) for stay presented to Justice Kagan and by her referred to the Court is granted. The May 22, 2025 preliminary injunction entered by the United States District Court for the Northern District of California, case No. 3:25–cv–3698, is stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The District Court’s injunction was based on its view that Executive Order No. 14210, 90 Fed. Reg. 9669 (2025), and a joint memorandum from the Office of Management and Budget and Office of Personnel Management implementing that Executive Order are unlawful. Because the Government is likely to succeed on its argument that the Executive Order and Memorandum are lawful—and because the other factors bearing on whether to grant a stay are satisfied— we grant the application. We express no view on the legality of any Agency RIF and Reorganization Plan produced or approved pursuant to the Executive Order and Memorandum. The District Court enjoined further implementation or approval of the plans based on its view about the illegality of the Executive Order and Memorandum, not on any assessment of the plans themselves. Those plans are not before this Court. Justice Sotomayor concurs. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1174_h3ci.pdf'>Opinion</a>) Justice Jackson dissents. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1174_h3ci.pdf#page=3'>Opinion</a>)
2025-06-10
Reply of applicants Donald J. Trump, President of the United States, et al. filed.
2025-06-09
Response of American Federation of Government Employees, et al. to application submitted.
2025-06-09
Amicus brief of America's Future, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund submitted.
2025-06-09
Response to application from respondents American Federation of Government Employees, et al. filed.
2025-06-09
Brief amici curiae of America's Future, et al. filed.
2025-06-06
Amicus brief of Constitutional Accountability Center submitted.
2025-06-06
Brief amici curiae of Former Government Officials and Advisors filed.
2025-06-06
Brief amicus curiae of Constitutional Accountability Center filed.
2025-06-02
Application (24A1174) for a stay, submitted to Justice Kagan.
2025-06-02
Response to application (24A1174) requested by Justice Kagan, due by 12 p.m. (EDT), on June 9, 2025.

Attorneys

America's Future, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
American Federation of Government Employees, et al.
Stacey Monica LeytonAltshuler Berzon, LLP, Respondent
Stacey Monica LeytonAltshuler Berzon, LLP, Respondent
Constitutional Accountability Center
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Donald J. Trump, et al.
D. John SauerSolicitor General, Petitioner
D. John SauerSolicitor General, Petitioner
Former Government Officials and Advisors
Michael Soonuk KwunKwun Bhansali Lazarus LLP, Amicus
Michael Soonuk KwunKwun Bhansali Lazarus LLP, Amicus