will25u said:

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JUST IN: Judge Howell bars the Trump administration from making warrantless immigration arrests in D.C. without probable cause that a target is likely to escape before a warrant can be obtained.https://t.co/gAQU3wWYN8

— Kyle Cheney (@kyledcheney) December 3, 2025

NEW: Judge Howell barred the Trump administration from continuing to make warrantless immigration arrests in DC unless there is probable cause to believe there is a risk of flight.

The admin illegally lowered the standard, she said.

w/ @hassankanu https://t.co/SoGD3eQ9vI

— Kyle Cheney (@kyledcheney) December 3, 2025

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Ellis Wyatt said:

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Judge Howell has no jusridiction. She's just obstructing. She is a leftist political activist.

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This judicial branch bureaucrat just gave the Trump adm a perfect response to Jeb Boasberg's demand for answers from top officials about their decisions not to return planes carrying illegals on March 15:

"it would encroach upon the separation of powers and the independence of… https://t.co/RbAloBy3ol

— Julie Kelly 🇺🇸 (@julie_kelly2) December 3, 2025

will25u said:

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This judicial branch bureaucrat just gave the Trump adm a perfect response to Jeb Boasberg's demand for answers from top officials about their decisions not to return planes carrying illegals on March 15:

"it would encroach upon the separation of powers and the independence of… https://t.co/RbAloBy3ol

— Julie Kelly 🇺🇸 (@julie_kelly2) December 3, 2025

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Ellis Wyatt said:

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techno-ag said:

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Boastberg needs to learn his place and stay in his lane.

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He's a leftist political activist. He believes this is his lane. He will continue to obstruct.

He needs to be jailed and disbarred.

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aggiehawg said:

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Ellis Wyatt said:

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techno-ag said:

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Boastberg needs to learn his place and stay in his lane.

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He's a leftist political activist. He believes this is his lane. He will continue to obstruct.

He needs to be jailed and disbarred.

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I like my idea better, reassign him to that sliver of Yellowstone that is an uninhabited federal district. No jury possible? No trials,

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And if somebody offs him while he is in his new district then that person gets off scott free.

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Plaintiffs challenging Operation Midway Blitz successfully certified a class action and won. The Seventh Circuit took away their victory and they're trying to end the case to avoid a bigger loss. If class is dismissed with prejudice, no more claims by anyone against Midway Blitz https://t.co/b1sEpQrGyq pic.twitter.com/2kqGEz0y4b

— Eric W. (@EWess92) December 4, 2025

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(2) Kevin Stankiewicz, PE on X: "@julie_kelly2 @SpeakerJohnson @LeaderJohnThune Arrest & Impeach Judge Boasburg, but since he will likely not be Convicted, Congress should abolish the problematic DC District Court, add the missing US District Court of American Samoa & reassign Judge Boasburg & the DC District Judges there! https://t.co/CHjH05sTIs" / X

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Is Humphrey's Executor headed to Slaughter? Is it Cook-ed? The @FedSoc with an informative thread outlining the issues that likely will appear at Monday's Supreme Court argument. Justice Kagan warned that now the President has been "handed full control." Hope she's right! https://t.co/07mbvYwPvc pic.twitter.com/98hw89aNHx

— Eric W. (@EWess92) December 4, 2025

LAWFARE: Judge Talwani in Boston just created a brand new excuse to keep Planned Parenthood funded, saying a crystal clear law is “unclear.” Congress cut the money. Talwani is trying to override them again.

After previously arguing that barring Medicaid funds for Planned… pic.twitter.com/DJZkuh5vb7

— @amuse (@amuse) December 5, 2025

I’ll make this simple for the backrow folks:
Neither President nor courts can restrict congressman’s ability to fire his staff.  Why?  Separation of powers.
Neither Congress nor President can restrict judge’s ability to fire law clerk.  Why?  Separation of powers.
Neither… https://t.co/VpBDh2hamF

— Margot Cleveland (@ProfMJCleveland) December 5, 2025

Aggie Jurist said:

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More than 80 pages of Opinion and Dissent. Really good discussion of why Humphrey's Executor doesn't apply. Once again the dissent is bereft of persuasive legal argument - and long on policy pronouncements that simply aren't supported by history.

Unfortunately, this case is not likely to be the vehicle to overturn Humphrey's Executor.

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Ellis Wyatt said:

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Yeah, National Review is no longer a conservative publication. They are dominated by their emotions.

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Did Judge Wynn--the first ever federal appellate judge to take back retirement due to the election of a Presidential candidate he did not like--violate judicial ethics rules? No, says Chief Judge Livingston (who was referred the complaint by the Chief Justice). pic.twitter.com/p70xGiqCtO

— Eric W. (@EWess92) December 5, 2025

Ultimately, not a surprise. Even though this is a first for a federal circuit judge, I wouldn't be surprised to see it happen more (especially with the support of this opinion). Read it here: https://t.co/6AYiFKSwsO

— Eric W. (@EWess92) December 5, 2025

Just after @realDonaldTrump was re-elected, three Democrat-appointed federal judges—James Wynn, Algernon Marbley, and Max Cogburn—withdraw their retirement letters to President Biden. This was unprecedented, so @Article3Project and @mrddmia filed judicial misconduct complaints… https://t.co/DmSyqDvvRx

— Rob Luther (@RobLutherLawyer) December 6, 2025

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District courts sided with the bureaucrats and ruled Trump had overstepped.

Judge Beryl Howell compared Trump to a "king" or "dictator" and said the president does not have the authority to terminate members of the National Labor Relations Board.

Also, Judge Rudolph Contreras, an Obama appointee with a history of anti-Trump bias, reinstated Cathy Harris, the Democrat chairwoman of the Merit Systems Protection Board (MSPB).
But the D.C. Circuit flatly rejected that reasoning.

The court systematically dismantled the argument that the NLRB and MSPB were "independent" agencies similar to the old 1930s-era Federal Trade Commission discussed in Humphrey's Executor.
Instead, the judges found that both agencies exercise core executive functions, including:

Broad rulemaking authority
The NLRB may issue binding regulations that reshape collective bargaining nationwide.
Policy-driven adjudications
Far from merely 'calling balls and strikes,' the NLRB frequently rewrites national labor policy through its case decisions. The court noted the agency "routinely invokes policy considerations" and reverses itself depending on political composition.
Affirmative enforcement powers
Unlike the 1935 FTC, which could only issue cease-and-desist orders, the NLRB can impose reinstatement, backpay, and even damages-like remedies.
Litigation authority independent of the DOJ
The NLRB can bring enforcement cases directly in federal court.
Authority over national union elections
The Board, not the President or courts, decides bargaining-unit structures and oversees elections that determine the fate of unions nationwide.

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nortex97 said:

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That was a big loss for Howell and Contreras (D, litigators), which means America won, of course.

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District courts sided with the bureaucrats and ruled Trump had overstepped.

Judge Beryl Howell compared Trump to a "king" or "dictator" and said the president does not have the authority to terminate members of the National Labor Relations Board.

Also, Judge Rudolph Contreras, an Obama appointee with a history of anti-Trump bias, reinstated Cathy Harris, the Democrat chairwoman of the Merit Systems Protection Board (MSPB).
But the D.C. Circuit flatly rejected that reasoning.

The court systematically dismantled the argument that the NLRB and MSPB were "independent" agencies similar to the old 1930s-era Federal Trade Commission discussed in Humphrey's Executor.
Instead, the judges found that both agencies exercise core executive functions, including:

Broad rulemaking authority
The NLRB may issue binding regulations that reshape collective bargaining nationwide.
Policy-driven adjudications
Far from merely 'calling balls and strikes,' the NLRB frequently rewrites national labor policy through its case decisions. The court noted the agency "routinely invokes policy considerations" and reverses itself depending on political composition.
Affirmative enforcement powers
Unlike the 1935 FTC, which could only issue cease-and-desist orders, the NLRB can impose reinstatement, backpay, and even damages-like remedies.
Litigation authority independent of the DOJ
The NLRB can bring enforcement cases directly in federal court.
Authority over national union elections
The Board, not the President or courts, decides bargaining-unit structures and oversees elections that determine the fate of unions nationwide.

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Aggie Jurist said:

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If it's being intellectually honest the Court should overturn Humphrey's Executor and pronounce that there are only 3 branches of government under the Constitution. You cannot have "independent" federal agencies. Congress has no executive authority, thus the enactment of laws is up to the executive.

Of course, the founders reasonably expected those that followed them would not easily give up their sovereignty. They underestimated how collectively weak and easily bought state governments would become.

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