Friday, February 21, 2025

Mr. Dellinger Keeps His Position For Now -- Supremes Punt On Dissolving The DC District Court TRO Here...


Rather than create some stilted paragraphs -- from whole cloth here (on this five page opinion entered tonight by the Supremes), please just trust the expert analysis of one Amy Howe, at SCOTUS Blog (I always do):

. . .The Supreme Court on Friday left in place for now an order by a federal judge in Washington, D.C., that instructed President Donald Trump to temporarily reinstate the head of an independent federal agency tasked with protecting whistleblowers from retaliation. The justices did not act on a request from the Trump administration to block the order by U.S. District Judge Amy Berman Jackson, which had restored Hampton Dellinger as head of the Office of Special Counsel for 14 days, beginning on Feb. 12. Instead, the justices explained in a brief order, they put the government’s request on hold until Jackson’s order expires on Feb. 26.

Justice Neil Gorsuch, joined by Justice Samuel Alito, dissented from the court’s decision not to act on the Trump administration’s request.

Justices Sonia Sotomayor and Ketanji Brown Jackson indicated, without explanation, that they would have denied the government’s request. . . .


The explanation is that. . . temporary orders are not "final, appealable" orders. Res Ipsa Loquitur. Sheesh.

नमस्ते

2 comments:

Anonymous said...

He needs to be fired for cause. There is certainly basis for doing so.

Anonymous said...

I hear you, but I am skeptical that cause was documented before Baby T took the action. He certainly was not given a hearing.

So we won’t know for a few months minimum how this finally shakes out, Anon. — but it’s pretty clear he’s entitled to a written accounting, with citations to competent evidence, before being let go.

He’s probably also accorded a right to progressive discipline — with a 30 day “cure” period to remedy whatever the documented “cause” might be.

Assuming it’s not theft, the summary attempt at firing — without documenting any of these steps (given that he found Tangerine 1.0 had likely violated the law in the period 2018 to 2021) looks like bad faith / retaliation, by Trump.

He may ultimately win or lose — but he was entitled to far more in the way of due process, than he was accorded.

So we taxpayers will likely pay him damages.

Thanks “Efficiency in Govt.” team! /s

Out.