Hampton Dellinger v. Scott Bessent

U.S. Court of Appeals for the D.C. Circuit

Hampton Dellinger v. Scott Bessent

Opinion

                 United States Court of Appeals
                             FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                      ____________
No. 25-5052                                                 September Term, 2024
                                                                      1:25-cv-00385-ABJ
                                                       Filed On: March 5, 2025
Hampton Dellinger, in his personal capacity
and in his official capacity as Special Counsel
of the Office of Special Counsel,

              Appellee
       v.

Scott Bessent, in his official capacity as
Secretary of the Treasury, et al.,

              Appellants

       BEFORE:       Henderson, Millett, and Walker, Circuit Judges

ORDER

        Upon consideration of the emergency motion for a stay pending appeal and the
opposition thereto; the Rule 28(j) letter and the response thereto; the consent motion to
participate as amicus curiae filed by the Separation of Powers Clinic and the lodged
amicus brief; the corrected amici brief lodged by the States, which is construed to
contain a motion to participate as amici curiae; the motion to participate as amicus
curiae filed by Cathy A. Harris and the lodged amicus brief; and the motion to
participate as amici curiae filed by the Government Accountability Project, et al., and
the lodged amici brief, it is

      ORDERED that the motions for leave to participate as amicus curiae be granted.
The Clerk is directed to file the lodged amicus briefs. It is

       FURTHER ORDERED that the emergency motion for a stay pending appeal be
granted, and that the district court’s March 1, 2025 order be stayed pending further
order of the court, except to the extent that order vacates the Temporary Restraining
Order entered by the district court on February 12, 2025. This order gives effect to the
removal of appellee from his position as Special Counsel of the U.S. Office of Special
Counsel. Appellants have satisfied the stringent requirements for a stay pending
appeal. See Nken v. Holder, 
556 U.S. 418, 434
 (2009); D.C. Circuit Handbook of
Practice and Internal Procedures 33 (2024). An opinion will follow in due course. It is

       FURTHER ORDERED, on the court’s own motion, that this case be expedited.
The following briefing schedule will apply:

       Appellants’ Brief                          March 21, 2025
                  United States Court of Appeals
                            FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                     ____________
No. 25-5052                                                September Term, 2024


       Appendix                                  March 21, 2025

       Appellee’s Brief                          April 4, 2025

       Appellants’ Reply Brief                   April 11, 2025

       The Clerk is directed to calendar this case for oral argument this term on the first
appropriate date following the completion of briefing. The parties will be informed later
of the date of oral argument and the composition of the merits panel.

       Appellants should raise all issues and arguments in the opening brief. The court
ordinarily will not consider issues and arguments raised for the first time in the reply
brief.

       To enhance the clarity of their briefs, the parties are urged to limit the use of
abbreviations, including acronyms. While acronyms may be used for entities and
statutes with widely recognized initials, briefs should not contain acronyms that are not
widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 43-44
(2024); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

        Parties are strongly encouraged to hand deliver the paper copies of their briefs to
the Clerk's office on the date due. Filing by mail may delay the processing of the brief.
Additionally, counsel are reminded that if filing by mail, they must use a class of mail
that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs
and appendices must contain the date that the case is scheduled for oral argument at
the top of the cover. See D.C. Cir. Rule 28(a)(8).


                                       Per Curiam

                                                         FOR THE COURT:
                                                         Clifton B. Cislak, Clerk

                                                 BY:     /s/
                                                         Selena R. Gancasz
                                                         Deputy Clerk




                                          Page 2


Reference

Status
Published