Defendant's opposition to plaintiff's motion for a preliminary motion, filed 03/12/10 in Golinski v. U.S. Office of Personnel Management, No. 10-0257 (N.D.Cal.)
Karen Golinski is a staff attorney for the 9th Circuit Court. She tried to enroll her same-sex spouse in her health insurance policy under the Federal Employee Health Benefits Program, but the Office of Personnel Management (OPM) blocked the enrollment. Alex Kozinski, the Court's chief judge, twice ordered OPM to let Golinski proceed with enrolling her spouse. He did so in his administrative capacity as an officer of the Court's Employee Dispute Resolution panel. OPM did not appeal his orders, yet it also did not allow Golinski to enroll her spouse. She then sued the OPM, seeking an order of mandamus against OPM to end its interference, and a preliminary injunction. OPM opposes the preliminary injunction, because "[a] judge acting pursuant to a limited grant of administrative authority to adjudicate grievances within the Judicial Branch cannot ... bind the other branches of government."
Thanks to California attorney Rick Xiao for alerting me to the filing and for sharing it with me. Rick is a site collaborator, and his contributions allow me to monitor the latest developments in cases like this one.
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