Here's my take on this, which I don't think is particularly unique or deep, but should be laid out for people who don't know: I think Dellinger stepped aside because these multi-member board member cases are stronger and that this was a smart call if you want to let the best case get to SCOTUS. - ThreadSky

chrisgeidner.bsky.social • 23 days ago

Here's my take on this, which I don't think is particularly unique or deep, but should be laid out for people who don't know: I think Dellinger stepped aside because these multi-member board member cases are stronger and that this was a smart call if you want to let the best case get to SCOTUS.

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williamchatnoir.bsky.social•23 days ago

yes! No way he dropped the case cause he didn’t have any fight left in him.

hillaryg.bsky.social•23 days ago

Correct take

emptypond52.bsky.social•23 days ago

This makes sense. Let's hope it's worth it.

phil-jet.bsky.social•23 days ago

Makes sense. It seemed like Dellinger has been putting his oath first through all of this to do what he can to help us and federal workers. With SCOTUS the way it is, definitely smart to let stronger cases through. Was a good fight 😢

zelmes.bsky.social•23 days ago

Thank you, these types of takes are very helpful! It can be difficult to understand, as a layperson, why someone would give up such an appeal.

zolascola.bsky.social•23 days ago

Appreciate your takes.
Still want to know if I can pay an annual fee vs a monthly fee if I subscribe to Law Dork. I'm up for annual.

immanentize.bsky.social•23 days ago

Agree. I discussed this very issue in my Con Law class this morning re: the problem with his particular case/theory of proceeding.

fablesmom.bsky.social•23 days ago

Exactly.

alegalnerd.bsky.social•23 days ago

Humphrey's Executor was a multimember case. But after Seila, Collins & Trump, isn't SCOTUS likely to hold that, under 2025 analysis, FTC (in 1935) was exercising "some" executive power and, thus, SCOTUS (in '35) got it wrong -- POTUS can remove any multimember person who has "any" executive power?

chrisgeidner.bsky.social•23 days ago

I mean, yes, the question is are they going to overturn it. We know that. (I’m not quite sure what you’re getting at with your mini-brief for the government here.)

alegalnerd.bsky.social•23 days ago

Just a short-version of Govt's stay pending appeal argument. Do you find their argument persuasive? If not, why not?

alegalnerd.bsky.social•23 days ago

We should know next week if this panel believes the Govt's request is meritorious. Same panel as Dellinger. Lots riding on this case.

marlahk.bsky.social•23 days ago

Helpful context. . . Thanks

susanlowry1.bsky.social•23 days ago

Ok, got it, thanks. Hurts, but seems prudent. On the other hand, in general prudence hasn't gotten Democrats too far, so I still have reservations.

robertstadler.bsky.social•23 days ago

Litigation strategy is different from public relations strategy. Giving in to Trump is terrible for motivating popular energy, but picking and choosing makes more sense for finding a legal test case.

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