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Column: GOP thinks the court orders they used against Biden should be outlawed — because they now target Trump

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Column: GOP thinks the court orders they used against Biden should be outlawed — because they now target Trump

The old political adage that “where you stand depends upon where you sit” has been getting aired out in Washington.

Republicans and conservatives used to celebrate judges’ issuance of nationwide court injunctions to block Biden policies or progressive government programs.

Now that nationwide court injunctions are being used to block Trump policies, however, onetime fans of the practice have decided that it’s unconstitutional and illegal and needs to be outlawed.

National injunctions are equal opportunity offenders.

— Law professors Nicholas Bagley and Samuel Bray

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“When a single district court judge halts a law or policy across the entire country,” Rep. Jim Jordan (R-Ohio), chairman of the House Judiciary Committee, wrote his colleagues on Monday, “it can undermine the federal policymaking process and erode the ability of popularly elected officials to serve their constituents.”

That’s not untrue. But I couldn’t find evidence that Jordan ever made this point before Trump came into office. I asked his committee staff to identify any such reference, but haven’t heard back.

The issue of nationwide injunctions — in which federal judges apply their rulings beyond the specific plaintiffs who have brought suits in their courthouses — dovetails with another widely decried abuse of the judicial process. That’s “judge-shopping,” through which litigants connive to bring their cases before judges they assume will rule in their favor, typically by filing lawsuits in judicial divisions staffed by only a single judge whose predilections are known.

The combination of these schemes allowed conservative judges in remote federal courthouses to block major policy initiatives by President Biden, such as his efforts to enact student debt relief.

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Judges also took aim at longer-standing progressive programs, as when Judge Reed O’Connor of Fort Worth, a George W. Bush appointee, declared the entire Affordable Care Act unconstitutional in 2018. The Supreme Court decisively slapped O’Connor down with a 7-2 ruling upholding the ACA’s constitutionality in 2021.

Ignoring the Supreme Court’s signal, O’Connor subsequently ruled that the ACA’s provision for no-cost preventive services was also unconstitutional. Parts of that ruling were overturned by an appeals court, but parts are now before the Supreme Court, which will hear the case this year.

Then there’s federal Judge Matthew Kacsmaryk of Amarillo, Texas, who last year overturned the Food and Drug Administration’s long-standing approval of the abortion drug mifepristone. The Supreme Court unanimously threw out that case in June.

During the Biden administration, a serial abuser of the judge-shopping process was Texas Atty. Gen. Ken Paxton.

According to a 2023 analysis by Steve Vladeck of Georgetown law school, in the first two years of Biden’s term, Texas filed 29 challenges to Biden initiatives. Not a single case was filed in Austin, where the attorney general’s office is but where a lawsuit had only a 50-50 chance of drawing a Republican judge. Nor were any cases filed in the big cities of Houston, Dallas, San Antonio or El Paso.

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Instead, they were filed in the court’s single-judge Victoria, Midland and Galveston divisions, where the state had a 100% chance of drawing a judge appointed by Trump; in Amarillo, where the chance was 95%; and Lubbock, where it was 67%.

Republicans and conservatives raised no fuss about judge-shopping and nationwide injunctions when they targeted Biden or Obama policies.

But now they’re screaming bloody murder about “rogue judges,” suggesting the judges are exceeding their authority simply because they have ruled against Trump and applied their rulings nationwide. Rep. Darrell Issa (R-Bonsall), for example, has introduced what he calls the No Rogue Rulings Act, which would bar nationwide injunctions.

It’s true that “national injunctions are equal opportunity offenders,” as Nicholas Bagley of the University of Michigan and Samuel Bray of Notre Dame wrote in 2018. “Before courts entered national injunctions against the Trump administration, they used them to thwart the Obama administration’s rule for overtime pay and its signature immigration policy, Deferred Action for Childhood Arrivals.”

They were referring to injunctions issued against President Trump during his first term, but the pace has quickened during the current term.

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That’s not necessarily because judges have become more roguish, but because Trump has given them more to ponder. In his first 65 days in office, Vladeck reported in a recent post, Trump issued 100 executive orders, besting the record set by Franklin D. Roosevelt in his first hundred days, when he issued 99. Biden issued only 37 executive orders in his first 65 days, and Trump only 17 in the same span during his first term.

Those orders and other Trump actions have triggered more than 67 lawsuits seeking preliminary injunctions or temporary restraining orders, Vladeck calculated; federal judges have granted some relief in 46 of those cases.

There are some important differences from the litigation style of Biden’s partisan opponents, however. For one thing, Trump’s challengers haven’t engaged in judge-shopping. With one short-lived exception, none of the 67 cases was filed in a single-judge division.

The majority of cases in Vladeck’s database were filed in courts where the chance of drawing a specific judge was less than 15%. The cases were filed in 14 different courts, with a plurality (31 of the 67) filed in the Washington, D.C., judicial district — not a surprise, since that’s the customary venue for lawsuits challenging a government action.

Judge-shopping isn’t illegal, but even conservatives have found it to be sleazy. Last year, the Judicial Council of the United States, a policy guidance body headed by Chief Justice John G. Roberts Jr., stated that any lawsuit seeking a nationwide or statewide injunction against the government should be randomly assigned to a judge in the federal district where it’s filed.

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The guidance, which wasn’t binding, won wide support in the federal judiciary — except in the Northern District of Texas, home to the Amarillo, Fort Worth and Lubbock divisions. There the chief judge said he wouldn’t agree.

During a recent appearance on Fox News, Jordan was asked by the conservative anchor Mark Levin whether Democrats are “forum-shopping” to get cases before judges appointed by Democratic presidents. Jordan assented enthusiastically, grousing: “You have a judge in Timbuktu, California, who can do some order and some injunction” to obstruct Trump.

Jordan’s reference was to U.S. District Judge William Alsup, who on Feb, 28 issued a temporary restraining order requiring Trump to cease the wholesale firing of federal employees at six agencies and return the workers to their jobs.

A couple of things about that. First, I’ve been to the real Timbuktu, which is a desert outpost in Mali. San Francisco is possibly the one city in America least likely to be mistaken for that Timbuktu. San Francisco is a city of more than 800,000 residents, nestled within a metropolitan area of 7.5 million. Amarillo, where Kacsmaryk presides, is a community of about 202,000, within a metro area of 270,000.

As for judge-shopping, Jordan might want to bring his concerns to the Trump administration itself. On March 27, the administration filed a federal lawsuit to terminate collective bargaining agreements reached by eight federal agencies.

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The White House filed the case not in northern Virginia, the District of Columbia or any other jurisdiction where large numbers of affected federal workers probably live and work, but in Waco, Texas, a courthouse with a single federal judge, a Trump appointee.

“It’s the height of irony that the only judge-shopping we’re seeing in Trump-related cases is … from Trump,” Vladeck observes.

One might be tempted to give the Republicans the benefit of the doubt on their crusade against “rogue” judges, except for a couple of factors. One is their silence about nationwide injunctions when the results meshed with their anti-Biden ideology.

The other is that their objections to nationwide injunctions has been couched within a broader attack on the independent judiciary. Republicans have advocated impeaching judges for rulings against Trump, a stance that drew a rare public pushback from Chief Justice Roberts.

House Speaker Mike Johnson (R-La.) also raised the prospect of shutting down courts that flout Republican initiatives. “We can eliminate an entire district court. We have power of funding over the courts and all these other things,” he told reporters last week. “But desperate times call for desperate measures, and Congress is going to act.”

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All that makes their position look less like a principled stand against judicial activism, and more like partisan hypocrisy.

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In a first for the country, voters in Monterey Park ban data centers

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In a first for the country, voters in Monterey Park ban data centers

Residents of Monterey Park voted overwhelmingly to ban data centers on election day, making the San Gabriel Valley city the first in the nation to do so by public vote.

As of Wednesday, 86% of votes were in favor of Measure NDC, the city ban, according to the Los Angeles County registrar-recorder/county clerk.

Other cities and towns have passed moratoriums on data centers, as a wave of opposition sweeps the country. But the Monterey Park vote can only be overturned by another ballot measure, making it the most permanent data center ban in a jurisdiction.

Monterey Park’s City Council had already banned data centers by ordinance, after a proposed 247,000-square-foot data center met an outpouring of public anger and concern. The developer withdrew that plan.

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That facility would have been less than 500 feet away from the nearest home, and would have used three times the electricity of the entire 60,000-person city. Residents said it would have caused noise and air pollution and driven up electricity rates.

“This ensures long-lasting protections for current and future generations,” Amy Wong, co-founder of the group San Gabriel Valley Progressive Action, said of the vote. “It means that future city councils cannot overturn a data center ban, even if data center developers wanted to spend money to fund pro-data center candidates.”

The measure had no formal opposition. The developer of the proposed facility, investment firm HMC StratCap, said it wouldn’t engage in the ballot fight when it withdrew in March.

The Data Center Coalition, an industry trade group, expressed disappointment in the vote.

“It sends a signal that the area is closed for business, both for data centers and for other significant economic development projects,” state policy director Khara Boender said.

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“It deprives local residents of the opportunity to compete for jobs and investment, while also causing the area to relinquish substantial long-term economic investment, high-wage jobs, and critical tax revenue to neighboring areas or other states.”

SGV Progressive Action worked with hyperlocal groups including No Data Center Monterey Park to rally support for the measure.

The group is now focused on stopping data center proposals in the City of Industry and fighting a move by City of Industry, Santa Fe Springs, Vernon and City of Commerce to welcome data centers and other industry with fast-tracked permitting and tax incentives.

City of Industry, in the San Gabriel Valley, and Vernon, south of downtown L.A., are primarily industrial areas, each with around 300 permanent residents. They are employment centers, and tens of thousands of workers commute in daily.

There has been little vocal opposition to data centers among the few residents of these cities. Wong said the protest is primarily coming from the surrounding neighborhoods.

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“If a data center gets built in City of Industry, residents across the region would bear the brunt of pollution and increased utility costs,” Wong said, noting that it is surrounded by 16 other cities and unincorporated communities.

Data center proposals have been limited in California compared to Virginia, Texas, Georgia, Illinois and Arizona, which sit at the center of a recent boom in hyperscaler facilities to power artificial intelligence.

California has the third-most data centers in the country, with 300, but high electricity rates, expensive land and regulatory hurdles mean that fewer, and smaller, facilities are currently planned than in other hotspots.

That doesn’t mean opposition hasn’t been fierce. In Coachella and Imperial County, residents are showing up in droves to protest local proposals.

In the San Gabriel Valley, Montebello, El Monte and Baldwin Park have all enacted temporary moratoriums, and Alhambra recently banned data centers as part of a zoning code update.

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Wong said she hoped the ballot measure vote would galvanize the opposition. “The vote is a testament to the people power of our region,” she said. “Our region is worth protecting, and we won’t let data centers determine our future.”

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Rent-hike ban to protect fire victims ends despite gouging concerns

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Rent-hike ban to protect fire victims ends despite gouging concerns

A rule intended to prevent rent gouging in the wake of the Eaton and Palisades fires has lapsed in Los Angeles County, possibly exposing some renters to hikes.

The executive order that blocked rent increases was issued by Gov. Gavin Newsom amid the devastating wildfires last year. Under the order, landlords couldn’t increase rents by more than 10% above their prefire levels.

The rule, which was supposed to be temporary and was repeatedly extended, ended Friday after a vote to extend it again failed to garner enough votes. Supervisor Lindsey Horvath, whose district includes Pacific Palisades, sounded the alarm in a motion to extend price protections that failed to pass at the Board of Supervisors’ May 19 meeting.

“These price gouging protections continue to be necessary as construction and rebuilding continue, and as thousands of people remain displaced,” the motion said. “Families which signed short-term leases could face drastic price increases of 50% or more without further price gouging protection.”

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Los Angeles County is home to more than 1 million rental properties, though not all of them needed protection from the new rule. There are already stricter rent increase caps for many residences, depending on the location, type and age of the building. Despite the rent control in the region, the people of Los Angeles pay among the highest rents in the country.

It is uncertain whether renters will face rapidly rising rents now that the protection has lapsed. But some real estate experts and policymakers said there was no need for the temporary rule that was part of the governor’s state of emergency.

Supervisors Kathryn Barger, Janice Hahn and Holly Mitchell abstained from voting on the motion to extend the protection, while Supervisors Hilda Solis and Horvath supported it.

“I abstained because I did not see sufficient evidence to justify extending this emergency ordinance, nor did I see evidence to eliminate it entirely,” Hahn said.

Barger’s office said she supported allowing the protections to sunset while waiting to see whether new information emerged.

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“Market data already shows countywide rents are only about 2% above pre-emergency levels and rental inventory has grown,” Barger representative Helen E. Chavez Garcia said. “The Supervisor is also mindful of the burden these ongoing protections place on small property owners throughout the county.”

Mitchell did not immediately respond to a request for comment.

There haven’t been steep rent hikes in neighborhoods within three miles of the Palisades fire, according to a Times analysis of data from Zillow, the property listing company.

In ZIP Codes within three miles of the Palisades fire, rent increased 4.8% from December 2024 to April 2025. In areas around the Eaton fire, which destroyed swaths of Altadena, rent jumped 5.2% in the same period.

In L.A. County, ZIP Codes farther from the fires saw only about a 2% increase.

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A landlords representative, Jesus Rojas of the Apartment Owners Assn. of Greater Los Angeles, told the supervisors during public comment at the meeting that the county’s rent-gouging rules have “long outlived the emergency they were intended to address” and are now being “wrongfully used to harm thousands of rental housing providers throughout the county.”

“There is no proof that multifamily rental housing providers are hugely increasing rents for impacted homeowners,” Rojas said.

Indeed, there are strong signs that the property market in the Los Angeles area has at last begun to cool.

L.A. metro-area rent prices recently fell to a four-year low, with the median rent slipping to $2,167 in December.

Meanwhile, condominium sales had their slowest start of the year in decades. Condo sales in Los Angeles have plummeted to a 20-year low, with fewer than 2,000 units sold in January and February — the worst start to the year since 2005.

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Newsom defended the price-gouging protections shortly after they went into effect.

“In the days following the Los Angeles firestorms, we worked quickly to protect Los Angeles survivors from any form of exploitation,” he said in February 2025. “The state has the tools in place to not only block price gouging during this emergency, but also to prosecute bad actors.”

The Los Angeles County Department of Consumer and Business Affairs said it received more than 2,000 complaints after the fires, alleging that retailers and landlords were taking advantage of people put in hardship by their losses, and sent out more than 2,000 cease-and-desist letters to businesses and landlords for alleged price gouging, said Morine Merritt, who oversees department investigations into consumer and real estate fraud.

“Close to 90% of the complaints that we received involved allegations of rent increases,” Merritt said in an interview. Now that the fire-related protections have expired, existing laws and “regular market conditions determine price increases for goods and services, including rents,” she said.

Crackdowns on fire-related rent gouging have been rare, said Chelsea Kirk of the activist organization the Rent Brigade, which analyzed L.A. County’s rental market in the year after the fires. It reported 18,360 potential examples of price gouging in listings but said that few lawsuits had been filed by authorities so far.

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Last week, Rent Brigade announced what it said was the first private civil lawsuit brought by a family that claimed to be rent-gouged in the aftermath of the wildfires. Plaintiffs Randall and Candy Renick, whose Altadena home was damaged, said they were charged nearly three times the maximum permitted rate for nearly 10 months. They seek restitution of $96,000 plus civil penalties and attorneys’ fees.

The rental market has probably stabilized since the fires, Kirk said, but other families may still be “locked into illegal rents” that they agreed to pay when they were in a rush to find housing after they were displaced.

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Read Nick Bilton’s Letter to Scott Pelley

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Read Nick Bilton’s Letter to Scott Pelley

Dear Mr. Pelley:

I meant what I said in my letter last week to the 60 Minutes team: joining 60 Minutes is the honor of my career and I am grateful to be working alongside the people who have contributed to the most important television journalism brand this country has ever produced. While I’m new to 60 Minutes, I’ve devoted my career to investigative journalism and storytelling. I started this job excited to collaborate and to benefit from the wisdom and experience of the 60 Minutes veterans, with you among them. For that reason, one of the first things I did in my new role was call you to talk and invite you to dinner. It is a profound disappointment that you rejected that overture and chose ambush instead. Yesterday, you hijacked my first meeting with staff to disparage me, my qualifications, and my intentions with remarkable incivility and contempt. I welcome a diversity of viewpoints and respectful debate among the team, but this was nothing of the sort. Yesterday’s performative display of hostility enacted in front of the staff instead of in a civil, private conversation-demonstrated that you have no interest in contributing to the future success of the show, or approaching my new tenure with a mind open to collaboration and progress. I am here to deliver first-in-class news programming, not to make headlines about newsroom drama. I am eager to work alongside those who share this goal.

Despite yesterday’s misconduct, I had hoped that in sitting down with you today we could find a path forward together. You made clear that you are not interested in such a path.

Your antipathy to the future of the show has come through loud and clear. And I have heard you. I therefore write on behalf of CBS News, Inc. (“CBS”) to inform you that your employment with CBS is terminated for cause effective immediately. Enclosed is your formal termination letter.

Sincerely,

Nick Bilton

Executive Producer, 60 Minutes

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