March 7, 2025

How Love Wins This Week (Mar 7, 2025)

Hard Wins: Cases won, orders issued, legislation passed, etc.

• Senate Democrats blocked advancement of a Republican bill that would have banned trans girls and women from competing in sports. Bill to ban trans athletes from girls’ and women’s sports teams fails to advance in Senate [AP]. See also Senate Democrats block GOP-led bill to ban transgender athletes from women's sports [NBC]
• A Maryland federal judge blocked enforcement of the Trump executive order seeking to prohibit gender-affirming care for people under 19. Judge Blocks Trump Trans Ban Nationwide, Slams Reliance On Cass Review [Erin in the Morning]. Read the court's very thorough opinion here.
• And two anti-trans bills in the Montana legislature were voted down. Huge props to Rep. Zephyr and Rep. Howell for their powerful representation and for standing in opposition. A Republican representative also chided the sponsor of a bill targeting drag performances, in part calling the bill a "waste of time" and "waste of energy." And a whopping 29 Republicans crossed the aisle to vote down another bill proposing to remove trans kids from their parents' custody. Powerful Speeches From Trans Dems Flip 29 Republicans, Anti-Trans Bills Die In Montana [Erin in the Morning]. See also ‘Stop these crazy bills’: Republicans join Democrats to defeat anti-trans legislation in Montana [The Guardian]
• The Merit Systems Protection Board ordered the USDA to (at least temporarily) reinstate nearly 6,000 employes terminated by the Trump administration. USDA employees fired en masse by Trump administration reinstated, workers’ board says [CNN]. See also Nearly 6,000 USDA workers fired by Trump ordered back to work for now [NPR]
• A DC judge reinstates Gwynne Wilcox as a member of the National Labor Relations Board. Trump unlawfully fired [NLRB Chair], federal judge rules, permitting her to stay on the job [CNN]. See also Federal judge reinstates labor board member fired by President Donald Trump [AP]
• A Rhode Island federal judge blocked the Trump administration's freeze of federal funding, enjoining the Office of Management and Budget from "pausing, freezing, blocking, canceling, suspending, terminating, or otherwise impeding the disbursement of appropriated federal funds to the States." Trump’s Funding Freeze Violated Separation of Powers, Judge Rules [Democracy Docket]
• And the Supreme Court let stand a lower court's ruling that nearly $2B in foreign aid payments must be released. Supreme Court rejects Trump administration's bid to avoid paying USAID contractors [NBC News]. See also Supreme Court rebuffs Trump in fight over foreign aid bills [Politico] and SCOTUS Denies Trump’s Request to Lift Order Requiring Release of $1.5 Billion in Foreign Aid [Democracy Docket]
  • It's worth noting the majority side in this instance is simply a one-paragraph unsigned memorandum order. Meanwhile Justice Alito is joined by Thomas, Gorsuch, and Kavanaugh in a lengthy dissent that opens with the whine of whether "a single district-court judge" has the "unchecked power to compel the Government of the United States to pay out ... 2 billion taxpayer dollars?" And actually, obviously, the answer to that question is YES because that's the whole point of the judicial system. Lower courts decide cases. Or rather, it's not "unchecked" because the lower court is subject to the review of courts of appeal, which in fact happened here: the majority of the Supreme Court looked at the lower court's decision, said "This holds water," and so that decision remains in force. You know who doesn't have "unchecked power to compel the Government of the United States to pay out [or withhold payment of] 2 billion taxpayer dollars?" THE PRESIDENT. Inherently in the Constitution, the power of the purse belongs to Congress, not the President, and this is reiterated in the Impoundment Control Act. So just who is out over their skis here? Frankly I expected better from Gorsuch, proud textualist that he is.
  • And the district court promptly held a follow-up hearing to fulfill the Supreme Court's directive for clarification of the order. Judge orders Trump administration to speed payment of USAID and State Dept. debts [AP]

Soft Wins: Cases filed, legislation introduced, etc.

• Workers at US African Development Foundation took a stand against DOGE staffers: ‘Little agency that could’ cheered for act of resistance against Trump and Musk [The Guardian]. Though DOGE staff later did gain entry, a judge blocked any immediate shutdown of the agency in a late-afternoon minute order Thursday: Judge stops immediate shutdown of small US agency for African development [AP]

Fighting the Good Fight: Protests, unofficial actions, and inspiration

• This is cool: Archivists Recreate Pre-Trump CDC Website, Are Hosting It in Europe [404 Media]
• I really liked this story of using heavy undersea sculptures to fight illegal trawling and restore reefs 🐠

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