SCOTUS: FIRING DC STYLE. RICHARD EPSTEIN, CIVITAS.
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 12 July 2025
⏱️ 6 minutes
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1924 SCOTUS
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| 0:00.0 | I'm John Batson calling on my colleague Richard Epstein to help me through matters that as an amateur, I think this is pretty straightforward. |
| 0:11.7 | But it turns out when you tangle with the Supreme Court, it gets complicated. Very complicated. Richard, I read from the Wall Street Journal editorial. Do you hear the |
| 0:22.2 | justices now mocks the editorial for people who deny it? That's the question for lower court |
| 0:27.8 | judges after the Supreme Court nixed a universal injunction that had barred the Trump administration |
| 0:33.4 | from even attempting to shrink the federal workforce. |
| 0:40.4 | Federal Workers Union challenged a February executive order directing agency heads to promptly undertake preparations |
| 0:44.9 | to initiate large-scale reductions in force |
| 0:47.8 | consistent with applicable law. |
| 0:50.6 | A lower court in May blocked the EO, barring the president's appointees, |
| 0:54.8 | for making plans on how to implement large-scale layoffs. |
| 0:59.0 | The plain language of this is the executive branch hires and fires. |
| 1:04.2 | So how is it to court's business, professor? |
| 1:07.3 | Well, let me first mention a couple of words that you did not mention, |
| 1:12.5 | which I think are extremely important. |
| 1:15.4 | What he said is consistent with applicable law. |
| 1:21.8 | And so what happens is there is no statement here whatsoever to engage in any form of illegality. |
| 1:26.4 | And this is a major concession on the part of the president and a necessary one, |
| 1:28.4 | because it is not the case that all people who work for the federal government can be dismissed at will. So the correct |
| 1:32.8 | procedure is to say there is no white ground whatsoever for a universal injunction on this. |
| 1:38.0 | What happens is you have to hold your fire and then if Mr. or Mr. X and Ms. Y is fired for |
| 1:43.5 | some reason which is inconsistent with |
| 1:45.7 | their contractual obligations or with the statutory framework, you bring that particular case. |
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