Summary
This Supreme Court order addresses the Government's application to vacate a temporary restraining order issued by the District Court for the District of Columbia, which had ordered the reinstatement of Hampton Dellinger as Special Counsel following his removal by the President. The Court held the application in abeyance until the TRO's expiration date, acknowledging concerns about appellate jurisdiction over non-final interlocutory orders. Justice Gorsuch dissented, arguing that the TRO effectively functioned as a preliminary injunction and should have been reviewed immediately, particularly given historical limitations on federal courts' equitable power to enjoin presidential removals.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court has jurisdiction to review a temporary restraining order pending expiration
- Whether a TRO is appealable as a preliminary injunction
Holdings
- The application to vacate the temporary restraining order is held in abeyance until the TRO expires on February 26, 2025.
Key quotations
“Unlike preliminary injunctions, of course, TROs are generally not appealable. See id., at 1a (citing 28 U. S. C. §1292(a)(1)).” (at 1a)
“Under this Court’s precedents, however, a federal court may issue an equitable remedy only if, at the time of the Nation’s founding, it was a remedy “traditionally accorded by courts of equity.” Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc., 527 U. S. 308, 319 (1999).” (at 4)
Factual background
President removed Hampton Dellinger, Special Counsel, on February 7, 2025. Dellinger sued alleging the removal violated 5 U.S.C. §1211(b). The district court issued a TRO on February 12, 2025, ordering Dellinger to remain in office until a hearing on a preliminary injunction scheduled for February 26, 2025.
Procedural history
The President removed Special Counsel Dellinger. Dellinger sued and obtained a temporary restraining order (TRO) from the D.C. District Court directing him to remain in office pending a preliminary injunction. The Government filed an application to vacate the TRO, which is before this Court.
Remand instructions
Vacate the district court's order and remand with instructions to consider the boundaries of traditional equitable relief.