Monday, February 17, 2025

Trump Going to SCOTUS Over Article 2

It (finally) begins.

The Trump administration’s first major legal battle reached the Supreme Court on Sunday.

In an emergency application, President Donald Trump asked the justices to allow him to fire the leader of an agency dedicated to protecting whistleblowers, Hampton Dellinger, after a lower court ordered his reinstatement....

[Trump's lawyers:]   “Until now, as far as we are aware, no court in American history has wielded an injunction to force the President to retain an agency head whom the President believes should not be entrusted with executive power and to prevent the President from relying on his preferred replacement,” it continues. “Yet the district court remarkably found no irreparable harm to the President if he is judicially barred from exercising exclusive and preclusive powers of the Presidency for at least 16 days, and perhaps for a month.”...

And the really important part:

... The petition also asks the justices to “end the practice whereby courts seize Article II powers for two weeks, yet disclaim the availability of any appellate review in the meantime.”...

CJ "Julia" Roberts will attempt a ruling based on the word "the", of course.  And if he can find an even-narrower matter on which to rule--avoiding the Article 2 elephant in the room--he will.

This might only be Skirmish #1, but it might also be for all the chips. 

UPDATE:  Wauck thinks this is a VERY big deal.

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