No. 24A904

Office of Personnel Management, et al. v. American Federation of Government Employees, et al.

Lower Court: Ninth Circuit
Docketed: 2025-03-24
Status: Presumed Complete
Type: A
Amici (3) Experienced Counsel
Tags: None
Latest Conference: N/A

Question presented not available.

Docket Entries

2025-04-08
Application (24A904) referred to the Court.
2025-04-08
Application (24A904) for stay presented to Justice Kagan and by her referred to the Court is granted. The March 13, 2025 preliminary injunction entered by the United States District Court for the Northern District of California, case No. 3:25-cv-1780, 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 solely on the allegations of the nine non-profit-organization plaintiffs in this case. But under established law, those allegations are presently insufficient to support the organizations’ standing. See, <i>e.g.</i>, <i>Clapper</i> v. <i>Amnesty Int’l USA</i>, 568 U. S. 398 (2013). This order does not address the claims of the other plaintiffs, which did not form the basis of the District Court’s preliminary injunction. Justice Sotomayor would deny the application. Justice Jackson would have declined to reach the standing question in the context of an application for emergency relief where the issue is pending in the lower courts and the applicants have not demonstrated urgency in the form of interim irreparable harm. See <i>Department of Education</i> v. <i>California</i>, 604 U. S. ___, ___ (2025) (Jackson, J., dissenting) (slip op., at 1–2). Thus, she would have denied the application.
2025-04-04
Reply of United States Office of Personnel Management, et al. in support of application submitted.
2025-04-04
Reply of applicant Office of Personnel Management, et al. filed.
2025-04-03
Response to application from respondents American Federation of Government Employees, et al. filed.
2025-04-03
Amicus brief of County of Santa Clara, Calif. submitted.
2025-04-03
Amicus brief of Former Government Officials Donald Ayer, Ty Cobb, Mickey Edwards, John Farmer Jr., Peter Keisler, et al. submitted.
2025-04-03
Brief amicus curiae of Former Government Officials Donald Ayer, et al. filed.
2025-04-03
2025-03-27
Letter of United States Office of Personnel Management, et al. submitted.
2025-03-27
Letter of applicant United States Office of Personnel Management, et al. filed.
2025-03-27
Response to application (24A904) requested by Justice Kagan, due by 12 p.m. (EDT) on April 3, 2025.
2025-03-27
Amicus brief of APA Watch submitted.
2025-03-27
Brief amicus curiae of APA Watch filed.
2025-03-24
Application (24A904) for a stay, submitted to Justice Kagan.

Attorneys

American Federation of Government Employees, AFL-CIO, et al.
Stacey Monica LeytonAltshuler Berzon, LLP, Respondent
Stacey Monica LeytonAltshuler Berzon, LLP, Respondent
APA Watch
Lawrence J. JosephLaw Office of Lawrence J. Joseph, Amicus
Lawrence J. JosephLaw Office of Lawrence J. Joseph, Amicus
County of Santa Clara, Calif.
Raphael Nanda RajendraOffice of County Counsel, County of Santa Clara, Amicus
Raphael Nanda RajendraOffice of County Counsel, County of Santa Clara, Amicus
Former Government Officials Donald Ayer, Ty Cobb, Mickey Edwards, John Farmer Jr., Peter Keisler, et al.
Ori LevProtect Democracy, Amicus
Ori LevProtect Democracy, Amicus
United States Office of Personnel Management, et al.
D. John SauerSolicitor General, Petitioner
Sarah M. HarrisActing Solicitor General, Petitioner
Sarah M. HarrisActing Solicitor General, Petitioner