Gregg Gonsalves
@gregggonsalves.bsky.social
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Epidemiologist. AIDS Activist. Dog lover. New Haven.
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![Cite as: 606 U. S. ____ (2025) 1
JACKSON, J., dissenting
SUPREME COURT OF THE UNITED STATES
No. 24A1174
DONALD J. TRUMP, PRESIDENT OF THE UNITED
STATES, ET AL. v. AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, ET AL.
ON APPLICATION FOR STAY
[July 8, 2025]
JUSTICE JACKSON, dissenting from the grant of application for stay.
Under our Constitution, Congress has the power to establish administrative agencies and detail their functions.
Thus, over the past century, Presidents who have attempted to reorganize the Federal Government have first
obtained authorization from Congress to do so. The President sharply departed from that settled practice on February 11, 2025, however, by allegedly arrogating this power
to himself. With no mention of congressional buy-in, the
President’s Executive Order No. 14210 mandates a “critical
transformation” of the Federal Government, to be accomplished by “eliminat[ing] or consolidat[ing]” existing agencies and ordering agency heads to “promptly undertake
preparations to initiate large-scale reductions in force.” 90
Fed. Reg. 9669, 9670.
This unilateral decision to “transfor[m]” the Federal Government was quickly challenged in federal court. As relevant here, the District Judge thoroughly examined the evidence, considered applicable law, and made a reasoned
determination that Executive Branch officials should be enjoined from implementing the mandated restructuring until this legal challenge to the President’s authority to undertake such action could be litigated. But that temporary,
practical, harm-reducing preservation of the status quo was](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:p66b7zkep57fp4rhrtktsdni/bafkreido6lry455kmckuumn334iinykkp5mjyt2fycypjnnwjngikjoo2u@jpeg)
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