Summary
The United States Court of Appeals for the District of Columbia Circuit dismissed an appeal for lack of jurisdiction, holding that the district court’s three-day administrative stay did not constitute an appealable injunction under 28 U.S.C. § 1292(a)(1). The court also denied a request for mandamus relief and dismissed an emergency motion for stay as moot. In a concurring opinion, Judge Katsas analyzed whether the temporary order functionally operated as a preliminary injunction, noting its imminent expiration and the government's abstract separation-of-powers concerns.
Topics
Practice areas
Questions Presented
- Whether the district court's three-day administrative stay was an appealable injunction under 28 U.S.C. § 1292(a)(1).
- Whether appellants were entitled to mandamus relief.
- Whether the emergency motion for a stay remained justiciable after the challenged administrative stay was due to expire.
Holdings
- The appeal must be dismissed for lack of jurisdiction because appellants failed to show that the district court's administrative stay had the effect of granting an injunction appealable under 28 U.S.C. § 1292(a)(1).
- Mandamus relief was denied because appellants failed to show that they were entitled to that extraordinary remedy.
- The emergency motion for a stay was dismissed as moot.
Key quotations
“Appellants have not shown that the district court’s February 10, 2025 minute order, which entered a three-day administrative stay to afford time to consider appellee’s motion for a temporary restraining order, had the effect of granting an injunction that is appealable under 28 U.S.C. § 1292(a)(1).” (at 1)
“It is FURTHER ORDERED that, to the extent appellants request mandamus relief, that request be denied.” (at 1)
“It is FURTHER ORDERED that the emergency motion for stay be dismissed as moot.” (at 1)
Factual background
The President removed Hampton Dellinger as Special Counsel on February 7, 2025. Dellinger filed suit on February 10 and sought a temporary restraining order reinstating him. That same day, the district court entered an administrative stay, effective through February 13, requiring the government to recognize Dellinger and provide him access to the Office of Special Counsel while barring recognition of Doug Collins as Acting Special Counsel.
Procedural history
After the President removed Hampton Dellinger as Special Counsel, Dellinger filed a complaint in the United States District Court for the District of Columbia and sought a temporary restraining order reinstating him. The district court entered a three-day administrative stay requiring the government to recognize Dellinger as Special Counsel and provide him access to the Office of Special Counsel, while prohibiting recognition of an acting Special Counsel. The government appealed and sought emergency relief before the district court had adjudicated the TRO or entered a preliminary injunction.