When judges assume executive authority

Conservatives have been gleeful that some out-of-control federal judges like James Boasberg have been frequently bitch slapped by higher courts in their attempts to stymie President Trump’s agenda, and those are the things about which we hear, but those are not the only instances of judges deciding that they know how to run executive agencies better than the people who are supposed to have the authority.

SEPTA fare increases and Regional Rail cuts can’t start next week, judge rules

Judge Sierra Thomas-Street issued her order from the bench, telling the attorney for the transit agency that “everything must stop.”

by Abraham Gutman and Andrew Seidman | Friday, August 29, 2025 | 5:39 PM EDT

A Philadelphia judge on Friday ordered SEPTA to halt planned service cuts to Regional Rail and fare increases due to begin next week, following a daylong hearing in a City Hall courtroom.

Judge Sierra Thomas-Street issued her order from the bench, telling the attorney for the transit agency that “everything must stop.”

“Status quo must be maintained,” Thomas-Street said.

The parties will meet again in court on Thursday, when Thomas-Street will consider whether to make the order permanent and expand it to include reversing cuts already in place.

The Southeastern Pennsylvania Transportion Authority (SEPTA) has been taking steps to remain solvent since the hoped-for $213 million assistance from the state government has not yet been approved by the General Assembly. Democrats control the state House of Representatives by one vote, 102-101, and want to give SEPTA the money, but the state Senate, controlled by Republicans 27-23, hasn’t been willing to go along. The state budget was due July 1^st, the beginning of the Commonwealth’s fiscal year but still hasn’t been passed by the legislature, and that $213 million remains in limbo.

So, SEPTA’s leadership had to deal with the fact that the anticipated aid hasn’t come yet. General Manager Scott Sauer didn’t want to make the cuts, didn’t want to cut service at all, but he still has to make SEPTA operate within its means.

The ruling came after attorney George Bochetto filed a lawsuit this week in Common Pleas Court on behalf of a consumer advocate and two riders who argued the transit agency’s actions were unlawful. They contended that the cuts — which started Sunday amid a state budget stalemate — would have a disproportionate impact on marginalized groups, violating their rights protected by the Pennsylvania Constitution.

“The judge is saying: No more further cuts,” Bochetto said after the ruling. “Enough double talk, enough triple talk. Do it.”

What? Does Her Honor believe that she can order the state Senate to pass the budget she wants?

We previously reported on Mr Bochetto’s lawsuit and his attempt to compel SEPTA to act as a welfare agency.

SEPTA maintains a Service Stabilization Fund of roughly $300 million, which the system uses “to pay bills and unexpected expenses, as well as a reserve for potential catastrophes.” Some $100 million from that fund had already been spent to fill the budget deficit. The plaintiffs want SEPTA to use that fund to avoid the fare increases and service cuts, which could be done, and here’s where Judge Thomas-Street’s order comes into play: SEPTA’s leadership took executive decisions, the decisions which are their responsibility and for which they are paid to take, but the judge is saying that no, their decisions were wrong, and those decisions must be taken a different way. Judge Thomas-Street has, in effect, arrogated SEPTA’s leadership to herself, dictating a decision to SEPTA’s managers.

It is legitimate to argue with a decision taken by someone in authority to take those decisions; who hasn’t at times thought of his bosses as ‘those idiots up there’? But that does not and should not mean that a judge should have the authority to change those decisions and specify a new one. SEPTA’s decisions were not illegal; they just didn’t go the way that some people wanted them.

There is some wry humor in all of this. With Judge Thomas-Street’s decision, the pressure on Senate Majority Leader Joe Pittman to cough up that asked-for $213 million is reduced. With slightly over $300 million in the Service Stabilization Fund, SEPTA could more than cover that $213 million deficit, the taxpayers of the Commonwealth don’t have to fund SEPTA at all! And next year is next year, so who cares, right?