The order is here. Judge Jackson’s order for the district court is here. The DC Circuit is allowing the firing of CFPB employees whom the Bureau has determined “after a particularized assessment, to be unnecessary to the performance of defendants’ statutory duties.” It remains to be seen what a particularized assessment is (at one point the order refers to an “individualized assessment;” is that something different?) and what the courts identify as the Bureau’s “statutory duties.” But first the Trump administration will no doubt appeal the DC Circuit order to the Supreme Court, using the shadow docket and claiming this is an emergency. I would love to see the Supremes say this isn’t an emergency and decline the appeal.
