KBJ Rips “Senseless” Supreme Court Decision on Trump’s Mass Firings

In a 15-page dissent, Justice Ketanji Brown Jackson torched the Supreme Court’s Tuesday ruling allowing President Trump’s mass government layoffs to resume.

Trump in February issued an executive order directing agencies to implement “large-scale reductions in force,” or RIFs, per DOGE’s plan to slash the federal government. A number of unions and nonprofit groups challenged the order in court, and a district court issued an injunction temporarily blocking it as legal proceedings continued.

Trump turned to the Supreme Court with an emergency request to lift the freeze, which the majority granted Tuesday (without yet weighing in on “the legality of any Agency RIF and Reorganization Plan produced or approved pursuant to the Executive Order”).

Justice Jackson said the lower court’s injunction had been a “temporary, practical, harm-reducing preservation of the status quo,” which was nonetheless “no match for this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture.”

She added that the Supreme Court ought to defer to lower court judges, who “have their fingers on the pulse of what is happening on the ground and are indisputably best positioned to determine the relevant facts.”

In this case, the lower court carefully reviewed the evidence and issued “a detailed 55-page opinion,” she wrote. The Supreme Court, meanwhile, “from its lofty perch far from the facts or the evidence,” cannot “fully evaluate, much less responsibly override, reasoned lower court factfinding about what this challenged executive action actually entails.”

And yet, Jackson said, her colleagues made the “truly unfortunate,” “hubristic,” and “senseless” decision to override the injunction—a decision Jackson described as SCOTUS stepping in to “release the President’s wrecking ball” while legal challenges to Trump’s order were just underway.

Beyond being procedurally “troubling,” Jackson torched the majority’s decision as “puzzling, and ultimately disheartening, given the extraordinary risk of harm that today’s ruling immediately unleashes.” Trump’s order, after all, paves the way for “mass employee terminations, widespread cancellation of federal programs and services, and the dismantling of much of the Federal Government as Congress has created it,” Jackson wrote.

Such assertions of executive power that potentially step on Congress’s toes must undergo careful scrutiny, Jackson wrote, considering that:

What one person (or President) might call bureaucratic bloat is a farmer’s prospect for a healthy crop, a coal miner’s chance to breathe free from black lung, or a preschooler’s opportunity to learn in a safe environment. The details of the programs that this executive action targets are the product of policy choices that Congress has made—a representative democracy at work.

Throwing caution to the wind, Jackson wrote, the majority clears the way for “the immediate and potentially devastating aggrandizement of one branch (the Executive) at the expense of another (Congress), and once again leaves the People paying the price for its reckless emergency-docket determinations.”