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Docket for 24A790

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)

Proceedings and Orders

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.

Attorneys

Attorneys for Petitioners

Sarah M. Harris
Counsel of Record

Acting Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Scott Bessent, Secretary of the Treasury, et al.

Attorneys for Respondents

Joshua Adam Matz
Counsel of Record

Hecker Fink LLP
1050 K Street NW
Suite 1040
Washington, DC 20001
jmatz@heckerfink.com
Ph: (212) 763-0883
Party name: Hampton Dellinger

Other Attorneys

Jeffrey Paul DeSousa
Counsel of Record

Florida Office of the Attorney General
107 W. Gaines Street
Tallahassee, FL 32399
jeffrey.desousa@myfloridalegal.com
Ph: 5088018425
Party name: State of Florida and 19 other States

Gregory Dolin
Counsel of Record

New Civil Liberties Alliance
4250 N. Fairfax Drive
Suite 300
Arlington, VA 22203
Greg.Dolin@ncla.legal
Ph: 2024134177
Party name: New Civil Liberties Alliance

Jon M. Greenbaum
Counsel of Record

Justice Legal Strategies PLLC
1455 Pennsylvania Avenue NW
Suite 400
Washington, DC 20004
jgreenbaum@justicels.com
Ph: 202-601-8678
Party name: Former Public Officials and Legal Scholars

Steven A. Hirsch
Counsel of Record

Keker, Van Nest & Peters, LLP
633 Battery Street
San Francisco, CA 94111
shirsch@keker.com
Ph: (415) 391-5400
Party name: Law Professors