For weeks, some of us have expressed confusion over the basis for some of the Democratic challenges and initial injunctions in court. President Trump clearly has the authority to designate federal officials to look at the books and track expenditures in the executive branch. After losing both houses and the majority vote, Democratic groups sought to use the courts to block such executive actions.
There was obvious forum shopping as these groups went to many of the same courts and judges for relief. However, even judges viewed as decidedly hostile to Trump like Judge Tanya Chutkan in Washington ultimately balked at the demand for an injunction and allowed the access and actions to continue.
On Monday, Judge Randolph Moss, of the U.S. District Court for the District of Columbia delivered a blow to groups seeking to block the Department of Government Efficiency from gaining access to data from the Department of Education on student borrowers. Judge Moss found in his ruling that the University of California Student Association failed to show sufficient irreparable harm to receive such immediate relief.
He, however, left the door open a crack: “The Court leaves for another day consideration of whether USCA’s has standing to sue and has stated a claim upon which relief may be granted. Those questions are less clear cut and are better answered on a more complete record.”