UPDATE…..
This case IS going back and forth…..
But has in it’s grip the verdict to Trump’s firing of probationary Federal Employee’s…
And the ability of a President to fire the head of a ‘Independent Federal agency IN the Executive Branch made by Congress….
The brief order had no noted dissents from the panel of three judges, who were appointed by presidents from both parties. It said a full opinion would be forthcoming. Key filings in the case are due in early April….
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The Office of Special Counsel investigates whistleblower complaints and protects government employees from mistreatment in the federal workplace. In addition to Dellinger, Trump has tried to fire more than a dozen inspectors general as well as officials on federal boards that police treatment of agency employees. Many have sued to stop their ouster, but Dellinger’s case has moved fastest through the court system.
Dellinger, a Senate-confirmed appointee of President Joe Biden, was fired in a short email from the White House in February. He sued the administration, noting that the 1978 law that created his office barred the president from removing him except for “inefficiency, neglect of duty, or malfeasance in office.” His five-year term was supposed to last until 2029…
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U.S. District Judge Amy Berman Jackson temporarily reinstated Dellinger last month, prompting the administration’s lawyers to appeal. The matter reached the Supreme Court, where the justices delayed ruling so that Jackson could hold a hearing with the parties.
Administration lawyers argue that preventing Trump from firing Dellinger tramples on the president’s authority under Article II of the Constitution, which outlines executive powers. They say the law protecting him from removal without cause is unconstitutional and that Trump must be able to appoint and dismiss agency heads at will.
Administration lawyers cited two recent Supreme Court rulings that found Congress cannot restrict the president from removing officials as the sole head of an executive agency.
In a ruling Saturday, Jackson said Dellinger held a unique role in the federal government that hinged on his office’s independence from the White House. She said the law restricting his removal “must stand.”…
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As his lawsuit has wound through the courts, Dellinger has tried to halt the administration’s termination of probationary federal employees. He said it appeared to violate federal personnel law to fire them without “individualized cause.”
The Merit Systems Protection Board on Wednesday granted Dellinger’s request to pause the firings of thousands of probationary employees at the U.S. Department of Agriculture for 45 days while his office investigates whether the dismissals were unlawful. The board is an independent agency that hears appeals of terminations and other adverse actions against civil servants. Dellinger’s office refers certain investigations to the board, which issues its own decisions…..
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