Dellinger Order released. Judge Jackson rules in favor of Dellinger and issues a permanent injunction. It'll go to DC Circuit and then SCOTUS, but a huge win for federal workers for now. storage.courtlistener.com/recap/gov.us... - ThreadSky

nicholasbednar.bsky.social • 1 day ago

Dellinger Order released. Judge Jackson rules in favor of Dellinger and issues a permanent injunction. It'll go to DC Circuit and then SCOTUS, but a huge win for federal workers for now.

https://storage.courtlistener.com/recap/gov.uscourts.dcd.277297/gov.uscourts.dcd.277297.32.0.pdf

Comments

jerryedwards.bsky.social•1 day ago

Did you read Gorsuch's dissent from the order on the TRO? Scary.

nicholasbednar.bsky.social•1 day ago

Yes, but only Alito joined. It's a bit like reading the tea leaves, but I'm not convinced they have five votes to completely gut Humphrey's.

jerryedwards.bsky.social•1 day ago

I hope you're right. I tend to default to assuming the worst of the current majority. Except on birthright citizenship. *knock on wood*

nicholasbednar.bsky.social•1 day ago

FWIW, I said they would keep Chevron. Take my predictions with a grain of salt.

patsobkowski.com•1 day ago

Thomas filed a concurrence in Seila Law where he started off by saying Humphrey’s should go. That’s three. I think Kavanaugh would be on board too. Have to see about Roberts or Barrett.

ceroespada.bsky.social•1 day ago

I don't know how they square the independence of the Fed with Humphreys being overturned and im not convinced they have five to touch that rail even on a practical level, or can think of any way to differentiate it otherwise.

patsobkowski.com•1 day ago

That’s the gigantic elephant in the room. Maybe they just say “the Fed is ‘different’” and carve something out. It would be made up, but even this court doesn’t want a direct through line from them to world financial collapse.

ceroespada.bsky.social•1 day ago

Yeah exactly. I've been trying to think of a way to do that and have not been able to

alegalnerd.bsky.social•13 hours ago

What executive functions does the Fed perform?

nicholasbednar.bsky.social•1 day ago

I guess my thought is this: Why not kill it in Collins v. Yellen?

patsobkowski.com•1 day ago

Too soon? Would’ve looked gratuitous?

This fits into the Roberts MO on overruling precedent: trim stuff away until it’s so narrow that you can go all the way, then say “well this precedent isn’t relevant anymore” and overrule.

nicholasbednar.bsky.social•1 day ago

It certainly fits with the Roberts Court's approach. I won't be surprised if they get rid of Humphrey's. It just feels strange that they went so far out of their way to distinguish agencies like OSC in those cases.

cjmott.bsky.social•12 hours ago

To support your thought on Kavanaugh, he strongly signaled that he thinks independent agencies violate Article II in his PHH dissent. 881 F. 3d 75, 169-170 ("But notwithstanding Article II and Myers, the Supreme Court upheld the constitutionality of independent agencies [in Humphrey's Executor].")

nicholasbednar.bsky.social•1 day ago

Office of Special Counsel has been filing complaints with the Merit Systems Protection Board on behalf of probationary employees.

nicholasbednar.bsky.social•1 day ago

Basically, Judge Jackson says OSC doesn't make policy and all of its decisions are subject to review by other agencies. Unlike other agencies, OSC doesn't assist the president. It protects whistleblowers who raise concerns of illegality within the executive branch.

lolalolajoaquin.bsky.social•1 day ago

a big win. Hope it stands.

nicholasbednar.bsky.social•1 day ago

OSC is not like director of CFPB: "The defendants repeat the mantra that he 'investigates and prosecutes,' but this effort to
conjure up the image of a United States Attorney striding into court with the power to hold people
accountable for their crimes is not an apt comparison."

redwoodk8.bsky.social•1 day ago

As you say, good news for now!

35701.bsky.social•1 day ago

This is great news. What are your thoughts when it gets to SCOTUS?

nicholasbednar.bsky.social•1 day ago

Hard to say. I'm rather rubbish at predicting what the Court will do. The Court has been careful to distinguish OSC in recent cases. There was a dissent from Gorsuch and Alito in the first appeal. The fact that more justices didn't join makes me wonder if the court is more fractured in this issue.

joeleisen.bsky.social•1 day ago

I could see them extending Seila Law to all agencies that do RM and ADJ but leaving the outliers like OSC and MSPB alone … still would do significant harm

alegalnerd.bsky.social•13 hours ago

Justices didn't join the Gorsuch/Alito opinion about that lack of equitable relief because they likely didn't believe (or want to decide) the TRO jurisdiction issue.

timhannapel.bsky.social•1 day ago

Judge Jackson emphasizes how narrow her ruling is, and does a great job of distinguishing Seila and Collins. SC is truly sui generis, she says, with only partial investigative and prosecutorial powers, all carefully circumscribed. Great analysis of leg history, too, for us civil service nerds.

kelleyfromtx.bsky.social•20 hours ago

Yes. I particularly enjoyed her history lesson about the Pendleton Act and how opposition to reform of the patronage system evaporated after the assassination of President Garfield.

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