... It doesn't want to be an agency because agencies are subject to other laws—like the Freedom of Information Act— which bring public scrutiny & court supervision. Bates writes: DOGE “desire[s] to escape the obligations that accompany agencyhood ... while reaping only its benefits.” ... /8 - ThreadSky

rparloff.bsky.social • 15 days ago

... It doesn't want to be an agency because agencies are subject to other laws—like the Freedom of Information Act— which bring public scrutiny & court supervision. Bates writes: DOGE “desire[s] to escape the obligations that accompany agencyhood ... while reaping only its benefits.” ...
/8

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rparloff.bsky.social•15 days ago

... In fact, Bates ridicules DOGE’s claimed structure as “a Goldilocks entity: not an agency when it is burdened but an agency when it is convenient.” ...
/9

rparloff.bsky.social•15 days ago

... For now, Bates’ ruling prevents plaintiffs from immediately ousting DOGE from Labor, CFPB, & HHS. But other lawyers can and will exploit Bates’ opinion in the effort to bring DOGE to public account. They must act fast, though.
/10-end

aprimo224.bsky.social•14 days ago

I appreciate the insight here. However, I'm scared we don't have time for these legal challenges to play out. And the corrupt right-wing SCOTUS looms over all of this.

It feels like we're rearranging deck chairs on the Titanic. Meanwhile I have a disabled friend on SSI who has cancer. 🤷‍♀️🤷‍♀️🤷‍♀️

nooneletgo.bsky.social•14 days ago

Under the rules of the court (specifically Rule 65 of the Federal Rules of Civil Procedure) this holding does not preclude the court from acting quickly. All that was denied so far is a temporary restraining order. The court can, and probably will, schedule a hearing on a temporary injunction soon.

aczub.bsky.social•15 days ago

Ugh. This is another shade of trump deflating/inflating the value of his properties as it suited him. He wasn’t held to account for that, so we get a repeat performance on a larger scale.

wordman.bsky.social•14 days ago

Thank you for the explanation. It’s baffling to this nonlawyer how the judge can come to that conclusion yet still rule against plaintiffs.

beingsass.bsky.social•9 days ago

Thanks for some good news.

lenneat.bsky.social•14 days ago

thank you for explaining this to those not well versed in law. I had wondered about that ruling.

grbsmith.bsky.social•14 days ago

@skyview.social. Pls unroll

grbsmith.bsky.social•14 days ago

@skyview.bluesky.social. Pls unroll

joepositive.wtf•15 days ago

as always, thank you for your work.

annefan.bsky.social•15 days ago

Roger, you always offer the best explainers! Much appreciated!

bloomlove.bsky.social•15 days ago

@skyview.social please unroll this thread, Thanks

dianecheyanne.bsky.social•15 days ago

@skyview.social Please unroll. Thank you.

dodrowski.bsky.social•15 days ago

Thank you for this cogent explanation.

nhsteady.bsky.social•15 days ago

Quickly please!

cdwilsher.bsky.social•15 days ago

How was DOGE able to be an agency with no act of Congress or Congressional funding?

paintsewgluechew.bsky.social•15 days ago

I didn’t understand this either.

The crux is they cherry pick the bits of law that suit them while ignoring those they don’t.

sdrose.bsky.social•14 days ago

Thank you for making this available to the laity

waynetheseine.bsky.social•14 days ago

Thank you. I have wondered how this has come about without any apparent bidding process. Surely this exceeds minimum bid requirements.

roberts-rants.bsky.social•14 days ago

How can DOGE be an "agency" without compliance with the Appointments Clause of the U.S. Constitution? If its head is an officer of the U.S., must be confirmed by the Senate. If its head is an inferior officer, the position must be created by law and manner of appointment specified by law.

rparloff.bsky.social•14 days ago

The appointments clause arguments are being raised in 2 different suits. Judge Chutkan will hold a hearing tomorrow in one of them, NM v Musk, at 11am.

jaywyk.bsky.social•5 days ago

Thanks for sharing Roger, glad to have you here

roberts-rants.bsky.social•14 days ago

Thank you!

melsdogs.bsky.social•14 days ago

Thank you so much for explaining. So helpful.

jashsf.bsky.social•13 days ago

beyond disappointing. were the lawyers not prepared? or just didn't have the facts yet to make their case?

ab9rf.bsky.social•15 days ago

This sort of "goldilocks" behavior (claiming a status but only when convenient) is bog-standard behavior of grifters of all sort. I see it all over the place. It's a nigh-universal behavior of people who are trying to pull a fast one on you.

invictusghost.bsky.social•14 days ago

Curtis Yarvin
"Butterfly Revolution" in full effect.
1: Campaign on autocracy
2: Purge the bureaucracy
3: Ignore the courts
4: Co-Opt the Congress
5: Centralize police and powers
6: Shut down elite media and academic institutions
7: Turn out the people
Do whatever it takes to destroy democracy.

piraccim.bsky.social•15 days ago

Ah, the old “heads I win, tails you lose” outcome.

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