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Former head of the Office of Special Counsel Hampton Dellinger dropped his lawsuit yesterday seeking to remain in his job after the D.C. Circuit Court of Appeals on Wednesday stayed a federal district court order that had prevented President Trump from firing Dellinger. See prior Roundups here—here, here, here, and here—for the case’s procedural background. The Supreme Court dismissed the case as moot after Dellinger’s announcement. (NYT.) (Supreme Court order.)
Judge Amir Ali (D.D.C.) in a hearing yesterday reportedly directed the Trump administration by 6 p.m. Monday to “pay the plaintiffs in the lawsuits all the money they are entitled to on invoices and similar requests to draw down grant funds initiated prior to” Judge Ali’s issuance of a temporary restraining order (TRO) on Feb. 13. Judge Ali did not require the government to pay by Monday contractors and grantees not party to the litigation. Most of the hearing Thursday was devoted to whether the court would extend the injunction blocking the administration’s attempted freeze of foreign assistance funds that is set to expire on Monday. Judge Ali did not issue a ruling on that injunction. See prior Roundups—here, here, and here—for the case’s procedural background. (Politico.)
Judge Richard Leon (D.D.C.) issued an administrative stay yesterday barring the Trump administration from removing the head of the U.S. African Development Foundation, Ward Brehm, before a Tuesday hearing in which the parties will present arguments on plaintiffs’ motion for a TRO seeking to prevent the administration from firing Brehm and taking steps to dismantle the agency. (Order.)
Judge Beryl Howell (D.D.C.) yesterday ordered the reinstatement of Gwynne Wilcox to the National Labor Relations Board, granting Wilcox’s motion for summary judgment. The Trump administration fired Wilcox from the board in January. Judge Howell wrote, “The 150-year history and tradition of multimember boards or commissions and 90-year precedent from the Supreme Court approving of removal protections for their officers” requires approval of removal protections in this case. The administration immediately appealed the decision to the D.C. Circuit. (NYT.) (Order.) (Opinion.) (Notice of appeal.) (Commentary from Jonathan Adler, The Volokh Conspiracy.)
Judge Carl Nichols (D.D.C.) yesterday permitted the firing of almost 800 contractors working with the U.S. Agency for International Development. Judge Nichols reportedly determined that “the contractors had not shown their terminations amounted to the irreparable harm necessary to grant the emergency relief.” (Courthouse News.)
President Trump signed an executive order yesterday targeting a law firm, Perkins Coie, “that regularly represents Democratic and liberal groups” and was “central to the commissioning” of the “Steele dossier,” according to Politico. The order suspends security clearances held by individuals at the firm and directs the termination of all contracts with Perkins Coie, although the government appears not to have any active contracts with the firm. (Politico.) (Executive order.)
President Trump yesterday, according to news reports, “told top members of his administration that [Elon] Musk was empowered to make recommendations to the departments but not to issue unilateral decisions on staffing and policy.” This direction comes amid litigation over Musk’s authority within the administration. (Politico.)
President Trump announced in a memo yesterday a new policy reportedly requiring DOJ lawyers to “‘demand’ in court that challengers suing the administration should post money bonds if they win orders blocking his actions.” According to the memo, the policy seeks to “deter frivolous litigation, protect parties from unwarranted costs, and streamline judicial processes.” Several judges have recently rejected these bond demands. (Bloomberg.)
Scott Anderson argued that accepting the Trump administration’s vision of the president’s power in the context of foreign assistance “risks turning the traditional separation of powers on its head and may well invite further executive branch intrusions into Congress’s own constitutional authority over foreign affairs.” (Lawfare.)
Josh Blackman argued that recent district court decisions demonstrate that “District Court judges are in charge.” Blackman called this “an inversion of Article III.” (The Volokh Conspiracy.)