The Supreme Court on Monday temporarily halted Judge Myong J. Joun’s block of the Trump administration’s firing of one-third of the employees in Department of Education. Joun’s jurisdiction covers only Massachusetts, but still he persisted in issuing an order to stop the firings in Washington. Joun is one of FJB’s many DEI appointees.
The court’s emergency order is a timeout in the case to give the Trump administration a chance to appeal the ruling to the First Circuit Court of Appeals.
Put bluntly, the judge slapped a Temporary Restraining Order on the president—and the Supreme Court responded with a Temporary Restraining Order on the judge.
MSNBC reported, “The Trump administration had argued that U.S. District Judge Myong Joun overstepped when he granted a preliminary injunction in May. Solicitor General John Sauer noted that the high court had recently lifted another order that Joun issued against the administration, on education-related grants.
“ ‘For the second time in three months, the same district court has thwarted the Executive Branch’s authority to manage the Department of Education despite lacking jurisdiction to second-guess the Executive’s internal management decisions,’ Sauer wrote in his June 6 high court application.”
I liked this tweet from “Not Kenny Rogers”:
If you work for the Dept. of Education and are rage posting on Twitter today about the Supreme Court ruling in favor of President Trump firing you and thousands of your coworkers, please remember only 27% of all children in the K-12 public school system will be able to read it.
NYT’s story didn’t mention the judge until Paragraph 24.
The Supreme Court agreed on Monday that the Trump administration can proceed with dismantling the Education Department by firing more than a thousand workers.
The order is a significant victory for the administration and could ease President Trump’s efforts to sharply curtail the federal government’s role in the nation’s schools.
The Trump administration has announced plans to fire more than 1,300 workers, a move that would effectively gut the department, which manages federal loans for college, tracks student achievement and enforces civil rights laws in schools.
The Education Department began the year with more than 4,000 employees. The administration also fired some probationary workers and offered employees the ability to resign. Altogether, after the terminations, the Education Department will have a work force of about half the size it did before Mr. Trump returned to office.
The move by the justices represents an expansion of presidential power, allowing Mr. Trump to dismantle the inner workings of a government department created by Congress without legislators’ input. The firings will hobble much of the department’s work, supporters argued in court filings. Particularly hard hit was the department’s Office for Civil Rights, which had seven of its 12 offices shuttered.
In the post-Jim Crow era, why do we need 12 civil rights offices in one department? Why do we even need five? There are no governors standing in front of the school shouting segregation today, segregation tomorrow, segregation forever. Democrats are forever stuck in the ’60s when they sided with segregationists and integrationists.
The case is McMahon v New York in which 21 Democrat state attorneys general and the American Federation of Government Employees Local 252, which represents most of the DOE workers, sued Linda McMahon in her capacity as Secretary of Education. It’s nothing personal, just business.
The high court’s emergency order was one simple paragraph: “The application for stay presented to Justice Jackson and by her referred to the Court is granted. The May 22, 2025 preliminary injunction entered by the United States District Court for the District of Massachusetts, case No. 1:25–cv–10601, is stayed pending the disposition of the appeal in the United States Court of Appeals for the First 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.”
Sotomayor wrote a 42-paragraph dissent on behalf of all Three Stoogettes. The long dissent was odd since the Court has not actually heard the case. Solicitor General Sauer has not had the opportunity to make the government’s case to the court. Why bother with the appearance of impartiality when you are a DEI hire?
The wise Latino woman wrote, “When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it. Two lower courts rose to the occasion, preliminarily enjoining the mass firings while the litigation remains ongoing. Rather than maintain the status quo, however, this Court now intervenes, lifting the injunction and permitting the Government to proceed with dismantling the Department. That decision is indefensible. It hands the Executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naïve, but either way the threat to our Constitution’s separation of powers is grave. Unable to join in this misuse of our emergency docket, I respectfully dissent.”
Ah yes, the canard about the misuse of the emergency docket.
Before air conditioning, DC was unbearable in the summer because it was built on a real swamp. Federal officials fled DC with the Supreme Court taking a three-month hiatus every year, continuing the tradition even after Willis Carrier gave us the gift of cooler and less humid air.
The justices decided air conditioning or not, they were going to keep their summer vacations—and why not? I would rather have a 9-to-5 government that works only 39 weeks a year than the 24/7 365 government we now have
The emergency docket was meant to cover those three months and lo and behold it does. Justices make a quick decision, in this case deciding to give Trump a chance to appeal Joun’s decision.
But with a 6-3 conservative majority, liberals have demonized the judiciary’s version of 911.
Axios reported, “Trump wins big on the Supreme Court’s ‘shadow docket.’ ”
An alarmed Axios said Trump has filed 20 emergency appeals already—more than any other president.
Left out of the story is the unprecedented number of lawsuits brought to shut down the Trump administration. Hundreds have been filed—averaging 3 lawsuits a day since January 20. That’s a lot of billable hours, baby.
The story said:
Lower courts have handed down scores of orders that temporarily block Trump from implementing parts of his agenda. That type of order gets appealed through the emergency docket—and the justices have overruled lower courts on several hot-button issues.
- Just last week, the court allowed Trump to proceed with plans for mass firings across the federal government.
- It allowed the administration to deport a group of undocumented immigrants to South Sudan, a war-torn country to which the migrants had no connection, and other third countries that are not the U.S. and not migrants’ native countries.
- The Supreme Court overruled lower-court orders that limited DOGE’s access to Social Security records and made some of its work subject to the Freedom of Information Act.
- It also allowed the Pentagon to go ahead and prohibit trans people from serving.
None of those are final rulings on whether Trump’s plans are legal or not, but they still have an immediate impact.
The big question is not whether the president’s plans are legal but whether liberals will get away with litigating his every move in defiance of the American people re-electing him after the four years of calamity known as the Biden administration.
There are 303 active lawsuits against him. Only 3 times have district courts ruled in his favor.
FJB and Obama appointees at the district court level are Lilliputians trying to tie Gulliver, er, Trump down. The appellate courts and the Supreme Court must save him—and save us from an Imperial Judiciary.
This article first appeared on Don Surber’s Substack. Reprinted here with permission.
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