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9th u.s. circuit court of appeals
9th Circuit Rules Trump Order for Mass Firings 'Far Exceeds' Constitutional Authority
The coalition behind the legal challenge the Court's decision "rightfully maintains the block on the Trump-Vance administration's unlawful, disruptive, and destructive reorganization of the federal government."
May 31, 2025
The 9th Circuit Court of Appeals on Friday night kept in place a block on President Donald Trump's efforts for massive firings and agency restructuring across the federal government, saying a far-reaching executive order signed in February went way beyond his constitutional authority and that the potential harm caused by the terminations warrants the hold while legal challenges continue to play out in the courts.
"The Executive Order at issue here far exceeds the President's supervisory powers under the Constitution," the appeals court wrote in its 2-1 decision.
The majority decision, written by Senior Circuit Judge William Fletcher, noted that while "the President enjoys significant removal power with respect to the appointed officers of federal agencies," the kind of far-reaching approach represented by Trump's executive order "has long been subject to Congressional approval."
According to the Associated Press:
The Republican administration had sought an emergency stay of an injunction issued by U.S. Judge Susan Illston of San Francisco in a lawsuit brought by labor unions and cities, including San Francisco and Chicago, and the group Democracy Forward.
The Justice Department has also previously appealed her ruling to the Supreme Court, one of a string of emergency appeals arguing federal judges had overstepped their authority.
In a statement late Friday, the coalition behind the lawsuit that challenge Trump's order—which includes nationwide labor unions and non-profit groups as well as cities and counties in California, Illinois, Maryland, Texas, and Washington—welcomed the ruling as it once again slammed Trump's assault on the nation's federal workforce and the rule of law.
The 9th Circuit's decision, the coalition said, "rightfully maintains the block on the Trump-Vance administration's unlawful, disruptive, and destructive reorganization of the federal government."
Trump's actions, the statement continued, "have already thrown agencies into chaos, disrupting critical services to people and communities across our nation. Each of us represents communities deeply invested in the efficiency of the federal government – laying off federal employees en masse and reorganizing government functions haphazardly does not achieve that. We are gratified by the court's decision today to allow the pause of these harmful actions to endure while our case proceeds."
"The Trump administration's reckless attempt to dismantle our government without congressional approval threatens vital services Americans depend on every day—from caring for veterans and safeguarding public health, to protecting our environment and maintaining national security," said Everett Kelley, president of the American Federation of Government Employees (AFGE) union, the nation's largest federal worker union and a party to the suit, in response to the ruling. “This illegal power grab would gut federal agencies, disrupt communities nationwide, and put critical public services at risk. AFGE is proud to stand shoulder-to-shoulder with this coalition to protect not just the patriotic public servants we represent, but the integrity of American government and the essential services that our nation deserves."
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Palestinians Seek US Appeals Court Review of Biden Genocide Complicity Case
"The U.S. is providing the bombs for this genocide," said one plaintiff. "I have lost countless friends and neighbors... When will the courts uphold the law and stop the horror?"
Aug 30, 2024
Six weeks after a three-judge panel of the 9th U.S. Circuit Court of Appeals dismissed a lawsuit filed by Palestinians, Palestinian Americans, and rights groups accusing senior Biden administration officials of complicity in Israel's Gaza genocide, plaintiffs in the case on Thursday asked the full federal appellate court to revisit their suit.
The plaintiffs' petition—which was filed by the Center for Constitutional Rights (CCR) and the law firm Van Der Hout LLP—requests an en banc rehearing of their case, in which U.S. President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin are defendants. To win such a rehearing, a case must involve a matter of "exceptional importance" or be inconsistent with previous court rulings.
"With unconditional U.S. support, Israel has killed about 40,000 Palestinians, injured more than 90,000, forcibly displaced 2 million, and pushed large segments of Gaza into famine," CCR said in a statement. "Israel's actions, which followed numerous expressions of eliminationist intent by its leaders, have led many legal experts and scholars to conclude that it is committing genocide, the most serious human rights crime."
"With unconditional U.S. support, Israel has killed about 40,000 Palestinians, injured more than 90,000, forcibly displaced 2 million, and pushed large segments of Gaza into famine."
Plaintiff Ayman Nijim said: "Just this week, my brother's apartment building in Gaza was completely destroyed—the second time he lost his home, after our family house was obliterated in 2009. The U.S. is providing the bombs for this genocide. I have lost countless friends and neighbors, so many that I couldn't know where to start to grieve. When will the courts uphold the law and stop the horror?"
The lawsuit—originally filed in November in the U.S. District Court for the Northern District of California in Oakland—sought to stop the Biden administration from aiding Israel's bombardment of Gaza. Billions of dollars worth of U.S.-supplied weapons have played a critical role in Israel's war and have been used in some of the deadliest Israel Defense Forces massacres of Palestinians.
While the court found that "the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law," it dismissed the case on jurisdictional grounds in late January. The 9th Circuit subsequently granted an expedited appeal in the case, which was heard by the three-judge panel in June and dismissed the following month.
"For almost 11 months we have witnessed the intentional destruction of the Palestinian people in Gaza made possible by these officials," CCR senior staff attorney Pam Spees said on Friday. "With this ruling, the panel has said our courts are too small to do the job they were assigned at the founding—to be a co-equal branch in our government and a check and balance on presidential power."
"If the 9th Circuit doesn't course-correct here, it will be giving this and future presidents license to violate the law at will in the realm of foreign relations," Spees added.
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'Stunning Abdication': Appeals Court Dismisses Biden Genocide Complicity Case
"We turned to the law to help stop the horror, and the court chose to do nothing," said one plaintiff in the case. "We are beyond disappointed."
Jul 16, 2024
Palestine defenders on Tuesday decried a U.S. federal appellate panel's dismissal of a case brought by Palestinians accusing senior Biden administration officials of failing to prevent and complicity in Israeli genocide in Gaza.
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco affirmed a lower court's dismissal of the lawsuit against President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin, which was led by the Center for Constitutional Rights (CCR) on behalf of several Palestinian groups and individuals.
During a Tuesday interview on Democracy Now!, CCR attorney Katherine Gallagher—who represented plaintiffs in the case—said its dismissal "essentially gives the blank check to carry out any kind of conduct that the executive wants in times of genocide, in times of war."
Gallagher's interview followed a Monday statement in which she referred to the recent U.S. Supreme Court ruling granting the president "absolute immunity" for "official acts."
"On the heels of Trump v. United States, this stunning abdication of the court's role to serve as a check on the executive even in the face of its support for genocide should set off alarm bells for all," she said.
The lawsuit—originally filed in November in the U.S. District Court for the Northern District of California in Oakland—sought to stop the Biden administration from aiding Israel's bombardment of Gaza. U.S. weapons have played a critical role in Israel's war, which Palestinian and international agencies say has killed, wounded, or left missing more than 137,500 Gazans.
While the court found that "the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law," it dismissed the case on jurisdictional grounds in late January. The 9th Circuit subsequently granted an expedited appeal in the case, which was heard in June.
"This decision is mind-boggling and, frankly, scary," plaintiff Waeil Elbhassi said in a statement Monday. "It is just unfathomable, while we count our dead, witness the total obliteration of Gaza—aided by our own government."
"As the death toll keeps rising and we see nonstop images of carnage during this livestreamed genocide, the court washes its hands of our case," Elbhassi added. "We turned to the law to help stop the horror, and the court chose to do nothing. We are beyond disappointed. We have no choice but to continue to fight for our people. Our very existence is at stake."
Israel's conduct in Gaza—including alleged forced starvation that has fueled deadly famine in parts of the besieged strip—is under investigation by the International Court of Justice in a genocide case brought by South Africa.
Additionally, International Criminal Court Chief Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders for crimes including extermination allegedly committed on and after October 7.
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