Let's talk about Trump heading to SCOTUS for the first time in term two....
Belle of the Ranch
Belle of the Ranch
4.9 • 1K Ratings
🗓️ 18 February 2025
⏱️ 4 minutes
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Summary
Let's talk about Trump heading to SCOTUS for the first time in term two....
Transcript
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| 0:00.0 | Well, howdy there, Internet people, it's Bell again. |
| 0:04.0 | So today, we're going to talk about Trump heading to SCOTUS for the first time in the new administration. |
| 0:12.0 | So, it looks like Trump is going to SCOTUS in Dillinger v. Bessent. |
| 0:18.0 | This is the case about Hampton Dillinger of the Office of Special Counsel. |
| 0:23.5 | Trump is trying to fire him, even though Congress enacted protections against firings |
| 0:28.9 | during a five-year term without real cause. The laws say he, quote, may be removed by the president |
| 0:36.4 | only for inefficiency, neglect of duty, or |
| 0:40.0 | malfeasance in office. If you missed it, we went over a bunch of cases to watch like this |
| 0:46.6 | over on the roads last Thursday. I'll put the link down below. Okay, so a federal district court |
| 0:53.8 | temporarily blocked the firing while the case is being considered. Okay, so a federal district court temporarily blocked the firing while the case is being |
| 0:56.8 | considered. Then the U.S. Circuit Court of Appeals for the D.C. Circuit said they wouldn't intervene |
| 1:04.0 | and reverse the block. That means the Supreme Court is the next stop. So, why did the appeals court decline to intervene? |
| 1:13.7 | Generally speaking, temporary restraining orders are not appealable. The court said intervening, |
| 1:20.7 | quote, would set a problematic precedent. If we were to accept the proposition that a party's bare assertion of extraordinary harm |
| 1:30.5 | for 14 days can render a TRO appealable, many litigants subject to TROs would be encouraged to |
| 1:39.0 | appeal them and to seek a stay. Dillinger's argument is simple. There are protections specifically designed to stop |
| 1:47.4 | this exact kind of firing. What's the Trump administration's argument? A bit more complicated. |
| 1:54.8 | They'll say that the 1935 Supreme Court president in Humphrey's executor v. United States is unconstitutional. |
| 2:04.4 | That would mean Congress doesn't have the authority to put in protections for people at independent |
| 2:10.4 | federal agencies, which would mean the protections requiring cause for a firing would be void. |
| 2:20.5 | There's a non-zero chance that the Supreme Court buys that argument. But that may not happen right now. Scotus might decline to |
| 2:28.3 | intervene at this early stage, simply to avoid creating a president of temporary blocks being appealable. |
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