Hampton Delliner v. Scott Bessent (OSC injunction, D.C. Cir. 25-5028)
Case Overview
The government appealed the temporary restraining order preventing the termination of Special Counsel Hampton Dellinger.
Legal Issues
The Application
The panel did not reach these questions. In a one-paragraph per curiam order the D.C. Circuit dismissed the government's appeal for lack of appellate jurisdiction, holding the temporary restraining order non-appealable, dismissed the emergency stay motion as moot, and denied the alternative request for mandamus relief. Circuit Judge Katsas dissented, on the view that the order was appealable.
The Conclusion
The D.C. Circuit did not reach the merits of the removal-for-cause question. In a per curiam order on February 15, 2025 the panel (Katsas, Childs, Pan) dismissed the appeal for lack of jurisdiction, dismissed the emergency stay motion as moot, and denied mandamus relief, with Circuit Judge Katsas dissenting.
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