| On Day Federal Funding to
NY NJ Hudson Tunnel Was to Stop
TRO Granted in SDNY
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Feb 6 –
On the day that Federal
funding of the Hudson Tunnel
was to end, U.S. District
Court for the Southern
District of New York Judge
Jeannette A. Vargas heard
arguments for a Temporary
Restraining Order continuing
funding - and granted it.
Inner City Press live tweeted
the argument:
All rise! Judge
Jeannette Vargas: We're here
on a request for a TRO. The
threshold issue is whether
this court has jurisdiction,
given the Tucker Act.
NJ (and NJ)
lawyer: We are seeking classic
APA remedies. This is not a
typical Tucker Act case NJ/NY
lawyer: Look at Justice
Barrett's concurrence... Also
a District Court case, AAUP v
Trump from the Northern
District of California, the
Tucker Act does not apply when
the plaintiff has no
contractual relationship with
the Federal government
NY/NJ lawyer
(Jeremy M. Feigenbaum, he
didn't say it as he began):
Look at page 7 of the Westlaw
print out... My friends have
only an unpublished DC Circuit
opinion, I raise them a DC
Circuit published decision. We
are not relying on any
contract. SDNY (Fed's
respondents') lawyer Tara
Schwartz: The plaintiffs have
not shown when GDC (Gateway
Development Commission) would
run out of money. NJ/NY
lawyer: This is immanent.
Judge
Vargas: I am going to reserve,
a decision coming very
shortly.
And before 8 pm,
she did: "Sufficient reason
having been shown, the Court
accordingly ORDERS that,
pending the hearing of
Plaintiffs’ application for a
preliminary injunction, the
Defendants are enjoined from
implementing the September 30,
2025 suspension of federal
disbursements for the Hudson
Tunnel Project." Order
on Patreon here
The case is State
of New Jersey et al v. United
States Department of
Transportation et al,
1:26-cv-939 (Vargas)
***
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