The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, July 18
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Jul 21, 2025 Nicholas Bednar, a contributing editor at Lawfare and expert in civil service law, joins the conversation with insights on key Supreme Court rulings affecting federal employment. They delve into the implications of mass federal layoffs and the politicization of the Justice Department. The discussion also features the criminal case involving Kilmar Abrego Garcia, shedding light on the complexities of federal procedures. The interplay between executive power and judicial decisions highlights significant impacts on American governance and legal institutions.
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Supreme Court's Mixed RIF Signals
- The Supreme Court stayed injunctions against executive orders enabling RIFs, signaling likely administration success on legality.
- Justice Jackson dissented strongly, emphasizing district court's factual findings and limiting presidential reorganization authority.
Standing Challenges Thwart RIF Lawsuits
- Supreme Court's silence in McMahon v. New York hints at standing issues plaguing state lawsuits against federal workforce cuts.
- Courts remain reluctant to interfere with agency resource allocations absent clear harm to plaintiffs.
Epstein Files and DOJ Challenges
- The Epstein files controversy is fueled by misplaced public expectations and legal limits on grand jury secrecy.
- Pam Bondi's inconsistent statements have eroded trust and intensified calls for accountability.