by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, April 30 – Unions have sued the Administration for "dismantling" the Federal Mediation and Conciliation Service. On April 30, argument on injunctions was heard before U.S. District Court for the Southern District of New York Judge Arun Subramanian. Inner City Press live tweeted it, from the thread:
Judge: You have essentially conceded the merits. So why shouldn't I grant plaintiffs the relief they are seeking? AUSA: They have to show irreparable harm, and they can't.
DOJ lawyer: They are relying on the cases about the complete shuttering of the CFPB - that's not the case here. Plaintiffs allege that there are five mediators left. Judge: Are you disputing that?
DOJ lawyer: Maybe six. Judge: You don't need to say "allege" then Judge: Are you saying that a reduction from 143 mediation to five is not dismantling? DOJ lawyer: You can characterize it- Judge: But how do YOU characterize that reduction?
DOJ lawyer: The relief requested here is unwarranted. We cite Trump v NY from 2020. Judge: If they don't have an office to work from, hasn't the agency been dismantled? DOJ lawyer: I dispute that. It's a matter of function Judge: 5 page letters by Friday. Cite cases in the APA context. Plaintiff's counsel, speak to me.
Plaintiffs' counsel: Without mediators, the union could not be aggressive. That's irreparable harm. We'll submit a revised proposed order tomorrow Judge: I'll rule after the letters.
The case is American Federation of Teachers, AFL-CIO, et al. v. Goldstein, et al., 1:25-cv-3072 (Subramanian)
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