After a busy day for the Supreme Court on Thursday with six decisions, including two major ones, and two decisions that went the Trump administration’s way on Friday, add on one appeals court decision this afternoon in the case involving the legacy media’s access to the White House and President Trump.
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The case, as we have previously written, was sparked back in February when the Trump administration concluded that the Associated Press, by refusing to use the name “Gulf of America” instead of “Gulf of Mexico” in its style guide, should be banned from more intimate press gaggles, like in the Oval Office or on board Air Force One. The wire service promptly filed suit.
In late Feb., as my colleague Susie Moore wrote at the time, round one of the heavyweight fight over what to call the body of water went to the Trump administration:
On Monday, a hearing on the AP’s motion for a temporary restraining order was held before D.C. District Court Judge Trevor McFadden, and he has now denied the motion for a TRO, though he has set the matter for hearing on a preliminary injunction on March 20.
…
McFadden has now filed his order on the matter — it may be viewed in its entirety below. In a nutshell, he finds that the AP hasn’t met the requisite showing to justify a TRO. But he does throw the AP a bone by ordering an expedited briefing schedule on their request for a preliminary injunction.
Then in early April, we wrote about a judge granting the Associated Press an injunction against the restrictions.
A few days later, the folks at AP weren’t exactly thrilled by the WH’s reaction, though–completely changing the rules on when all wire service reporters can have slots in the pool.
READ MORE: Decision: Judge Grants Associated Press Injunction Against Trump Admin – but There’s a Catch
AP Clutches Pearls After White House Responds Accordingly to Judge’s Order to Restore Their Access
Fast forward to Friday. A federal appeals court panel has handed a partial victory to the Trump team by staying the injunction:
A federal appeals court panel on Friday reinstated parts of President Donald Trump’s ban of the Associated Press from several key areas where presidential press events are typically held, including the Oval Office, Air Force One and the president’s home in Mar-A-Lago.
The court left in place part of a lower-court order that required Trump to give AP access to events held in larger spaces, like the East Room.
By a split, 2-1 decision, the U.S. Court of Appeals for the DC Circuit stated that “[t]he White House is likely to succeed on the merits,” thus allowing most of the administration’s ban to take effect.
The court opinion explained: “The White House is likely to succeed on the merits because these restricted presidential spaces are not First Amendment fora opened for private speech and discussion. The White House therefore retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted.”
Meanwhile, Obama appointee Judge Cornelia Pillard wrote in her dissent that she doesn’t believe her fellow panelists’ stay of the injunction “[can] be squared with longstanding First Amendment precedent, multiple generations of White House practice and tradition, or any sensible understanding of the role of a free press in our constitutional democracy.”
Pillard added that:
“Purporting to respect the First Amendment while allowing exclusion of journalists from the Press Pool based on viewpoint will quickly erode the independence of any press outlet hoping to retain the chance to cover the White House at close range.”
ABC News reported in their story linked above that the two Trump-appointed judges–Judges Neomi Rao and Gregory Katsas–also wrote in the majority opinion “that forcing the White House to give the Associated Press full access ‘impinges on the President’s independence and control over his private workspaces.'”
Deputy White House Chief of Staff and Cabinet Secretary, Taylor Budowich celebrated the court’s ruling in a post on X, slamming the AP’s “irresponsible and dishonest reporting,” and dubbing it “a great victory for democracy!”:
This is a developing story, and RedState will provide updates on the case as warranted.
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