| No. 24A790 |
|
| Title: |
Scott Bessent, Secretary of the Treasury, et al., Applicants v. Hampton Dellinger, Special Counsel of the Office of Special Counsel |
| Docketed: | February 18, 2025 |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (25-5028) |
| Feb 16 2024 | Application (24A790) to vacate the order issued by the United States District Court for the District of Columbia, submitted to The Chief Justice. Main Document Lower Court Orders/Opinions Lower Court Orders/Opinions |
| Feb 18 2025 | Response to application (24A790) requested by The Chief Justice, due by 2pm (EST) on February 19, 2025. |
| Feb 18 2025 | Response to application from respondent Hampton Dellinger filed. Main Document Proof of Service |
| Feb 18 2025 | Brief amicus curiae of Former Public Officials and Legal Scholars filed. Main Document Proof of Service |
| Feb 18 2025 | Brief amicus curiae of Law Professors filed. Main Document Proof of Service |
| Feb 18 2025 | Brief amicus curiae of New Civil Liberties Alliance filed. Main Document Proof of Service |
| Feb 19 2025 | Reply of applicant Scott Bessent, Secretary of the Treasury, et al. filed. Reply Proof of Service |
| Feb 19 2025 | Brief amicus curiae of Florida, et al. filed. Main Document Proof of Service |
| Feb 21 2025 | Application (24A790) referred to the Court. |
| Feb 21 2025 | This matter concerns the President’s action to remove Hampton Dellinger from his position as Special Counsel for the Office of Special Counsel. Dellinger challenged his without-cause removal in the District Court for the District of Columbia. See 5 U. S. C. §1211(b). On February 12, 2025, the District Court entered a temporary restraining order (TRO) providing that Dellinger should remain in office until the court ruled on his motion for a preliminary injunction. The District Court has scheduled a hearing on that motion for February 26, the day that the TRO expires. See Fed. Rule Civ. Proc. 65(b)(2).
Pending before this Court is the Government’s application to vacate the TRO. Dellinger has filed a Response in Opposition. The Government then filed a reply. The question is thus fully briefed before this Court.
Although it acknowledges that this Court typically does not have appellate jurisdiction over TROs, the Government urges us to construe the TRO as a preliminary injunction or to exercise jurisdiction under the All Writs Act in light of the core executive power assertedly restrained. Application 31–32; see 28 U. S. C. §1292(a)(1). In his opposition, Dellinger repeatedly notes that the TRO will “expire by its terms [in] eight [now five] days,” Response in Opposition 1, that it “lasts only for a very short duration,” id., at 15, and that it “is set to expire on February 26,” id., at 39.
In light of the foregoing, the application to vacate the order of the United States District Court for the District of Columbia presented to The Chief Justice and by him referred to the Court is held in abeyance until February 26, when the TRO is set to expire.
Justice Sotomayor and Justice Jackson would deny the application. Justice Gorsuch, joined by Justice Alito, dissents. (Detached Opinion) |
| Feb 26 2025 | Letter of applicants Scott Bessent, Secretary of the Treasury, et al. filed. Main Document |
| Feb 27 2025 | Response to Acting Solicitor General's Letter filed. Main Document |
| Mar 06 2025 | Application (24A790) to vacate the order of the United States District Court for the District of Columbia is denied as moot. |