| No. 24A904 | |
| Title: | Office of Personnel Management, et al., Applicants v. American Federation of Government Employees, et al. |
| Docketed: | March 24, 2025 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (25-1677) |
| Date | Proceedings and Orders |
| Mar 24 2025 | Application (24A904) for a stay, submitted to Justice Kagan. |
| Main DocumentProof of Service | |
| Mar 27 2025 | Letter of applicant United States Office of Personnel Management, et al. filed. |
| Main Document | |
| Mar 27 2025 | Response to application (24A904) requested by Justice Kagan, due by 12 p.m. (EDT) on April 3, 2025. |
| Mar 27 2025 | Amicus brief of APA Watch submitted. |
| Main Document | |
| Apr 03 2025 | Response to application from respondents American Federation of Government Employees, et al. filed. |
| Main DocumentMain DocumentProof of Service | |
| Apr 03 2025 | Amicus brief of County of Santa Clara, Calif. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 03 2025 | Amicus brief of Former Government Officials Donald Ayer, Ty Cobb, Mickey Edwards, John Farmer Jr., Peter Keisler, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 04 2025 | Reply of United States Office of Personnel Management, et al. in support of application submitted. |
| ReplyProof of Service | |
| Apr 08 2025 | Application (24A904) referred to the Court. |
| Apr 08 2025 | Application (24A904) for stay presented to Justice Kagan and by her referred to the Court is granted. The March 13, 2025 preliminary injunction entered by the United States District Court for the Northern District of California, case No. 3:25-cv-1780, is stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The District Court’s injunction was based solely on the allegations of the nine non-profit-organization plaintiffs in this case. But under established law, those allegations are presently insufficient to support the organizations’ standing. See, e.g., Clapper v. Amnesty Int’l USA, 568 U. S. 398 (2013). This order does not address the claims of the other plaintiffs, which did not form the basis of the District Court’s preliminary injunction. Justice Sotomayor would deny the application. Justice Jackson would have declined to reach the standing question in the context of an application for emergency relief where the issue is pending in the lower courts and the applicants have not demonstrated urgency in the form of interim irreparable harm. See Department of Education v. California, 604 U. S. ___, ___ (2025) (Jackson, J., dissenting) (slip op., at 1–2). Thus, she would have denied the application. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| D. John Sauer Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States Office of Personnel Management, et al. | ||
| Attorneys for Respondents | ||
| Stacey Monica Leyton Counsel of Record | Altshuler Berzon, LLP 177 Post Street Suite 300 San Francisco, CA 94108 sleyton@altshulerberzon.com | 4154217151 |
| Party name: American Federation of Government Employees, AFL-CIO, et al. | ||
| Other | ||
| Lawrence J. Joseph Counsel of Record | Law Office of Lawrence J. Joseph 1250 Connecticut Avenue, NW Suite 700 PMB 5155 Washington, DC 20036 LJOSEPH@LARRYJOSEPH.COM | 202-899-2987 |
| Party name: APA Watch | ||
| Ori Lev Counsel of Record | Protect Democracy 2020 Pennsylvania Avenue NW Suite 163 Washington, DC 20006 ori.lev@protectdemocracy.org | (202) 579-4582 |
| Party name: Former Government Officials Donald Ayer, Ty Cobb, Mickey Edwards, John Farmer Jr., Peter Keisler, et al. | ||
| Raphael Nanda Rajendra Counsel of Record | Office of County Counsel, County of Santa Clara 70 West Hedding Street, East Wing, 9th Floor San Jose, CA 95110 raphael.rajendra@cco.sccgov.org | 408-299-5900 |
| Party name: County of Santa Clara, Calif. | ||