Supreme Court Punts on Trump Firing Legally Protected Official
The backstory is that President Trump fired Dellinger from his perch as head of the Office of Special Counsel. He is the sole proprietor of that office and is protected from dismissal by law except in cases of "inefficiency, neglect of duty or malfeasance in office." Dellinger sued. The trial judge issued a temporary restraining order reinstating him. The government appealed to the DC Circuit. The DC Circuit, in a 2-1 decision, but with a strongly worded dissent, upheld the TRO. The government fired off a blistering appeal to the Supreme Court. This, in my view, is part of Trump's assault on some of the case law that makes the Administrative State possible.
Justices Sonia Sotomayor and Ketanji Brown Jackson said they would have outright denied the Trump administration’s request. Justices Neil M. Gorsuch and Samuel A. Alito Jr. would have overturned the TRO.
The bottom line here is that SCOTUS is giving the DC Circuit the chance to make a ruling before moving ahead. Indeed, it seems to be giving the DC Circuit time to tap the brakes on this action. If the appeals court sustains the existing order, it will be dumped right back in the Supreme Court's lap as an emergency appeal by the government. If the current order is set aside but the case is allowed to proceed, then everyone has more time to think about what is going on.