by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, July 24 – On June 4, an injunction against the US Department of Labor moving to shut Job Corps centers was issued by U.S. District Court for the Southern District of New York Judge Andrew L. Carter.
Then came the Supreme Court's Casa decision against nationwide injunctions.
On July 23 Judge Carter convened an oral argument on the application of the Casa decision to his Job Corps injunction. Inner City Press live tweeted it, thread:
DOJ lawyer: The only real question is what relief is appropriate to the claims brought by this Association - the damages it alleges are to itself. It says it would stop getting dues. It's standing is, it wants to advocate for the program. So it is not entitled
Judge Andrew L. Carter: I have some questions. Plaintiffs, defendants contend I did not act under the APA - it seems that is the case. The motions did not mention 5 USC 705 or 706. Can you respond? Plaintiffs (repped by Hecker Fink) Injunction's well justified
DOJ lawyer: After Casa, the Court's equitable powers are limited to the parties before it. Plaintiffs' lawyer: We have established our entitlement to relief under the APA as well. Judge Carter: I did not rule it was elimination, but rather tantamount to a closure
Plaintiffs' lawyer: This does not belong in the Federal Court of Claims. The decision applied to all Job Corps contractors - it wouldn't make sense to apply relief only to parties in this case. Consider Justice Kavanaugh's concurrence
DOJ lawyer: The principle underlying Casa, the relief available is limited to the plaintiffs. This case is about some but not all the centers. Those centers not in the case, it doesn't make sense to reach out and grant them relief. Judge Carter: Any rebuttal?
Plaintiffs' lawyer: They stopped background checks, stopping any new entries. Your decision remains valid, even after Casa. We urge the Court to maintain the injunction as written. DOJ lawyer: NY v DHS proves out point - the 2d Circuit limited relief to 3 states
Judge Carter: Let's move on to the issue of proposed intervenors. I received motions from two individuals. I deny them. Overall, I recognize I am bound by the Supreme Court. Under the APA it might be different. So, I will narrow the stay…
And on July 24, he did, docketing: "ORDER: The preliminary injunction previously issued in this matter is amended as follows: UPON CONSIDERATION OF the Plaintiffs' motion for a preliminary injunction (Dkt. Nos. 6 and 41) and accompanying papers, as well as Defendants Opposition thereto (Dkt. No. 29) and accompanying papers, as well as the arguments made by the Parties at the hearing held on June 17, 2025, it is hereby: ORDERED that the motion for a Preliminary Injunction is GRANTED with respect to the 31 centers covered by the Operator Plaintiffs and the 5 additional centers at which Plaintiff Transportation Communications Union/IAM provides training services; It is further ORDERED that Defendants, their agents, and all persons acting in concert or participation with Defendants are ENJOINED from enforcing, implementing, maintaining or giving effect to the closure of the private Job Corps centers, including the stop work orders and termination and non-renewal notices delivered to Job Corps center operators starting May 29, 2025, from issuing, enforcing, implementing, maintaining or giving effect to any shutdown tasks, job terminations, or student removals; and from taking any further action to close any Job Corps Centers without following the steps outlined in 29 U.S.C. §3209(j) or without Congressional authorization; It is further ORDERED that this injunction will not supersede any contrary ruling by any other federal district court; It is further ORDERED that Plaintiffs post security pursuant to Federal Rule of Civil Procedure 65(c) (the $200,000 bond previously posted by Plaintiffs is sufficient). (And as further set forth herein.) SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/24/2025)."
The case is National Job Corps Association, et al., v. Department of Labor, et al., 1:25-cv-4641 (Carter)
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