The federal appeals court agreed on Wednesday to greenlight the shooting of U.S. special adviser Hampton Dillinger until the court resolves legal challenges.
Orders from The DC Circuit Court of Appeals temporarily lifted the judge's decision that found Dellinger's dismissal was illegal and sent him back to the post as head of the office responsible for protecting government whistleblowers.
Wednesday's order also promotes the full appeal of the Trump administration. The written briefing is expected to end on April 11th.
“The clerk has been instructed to calibrate this case for this term on the first appropriate date after the briefing is completed,” the order states.
The three judge panel consisted of Judge Karen Henderson, who was appointed to the DC Circuit by former President George HW. Judge Patricia Millett was appointed by the former president. Judge Justin Walker appointed by Trump.
Their orders were rather short, but showed that the administration met traditional standards for staying.
Dellinger can file an emergency appeal with the Supreme Court in hopes of returning to his job again. Oka reached out to Dillinger's lawyer for comment.
The fight began last month when Trump claimed he would fire Dellinger via a one-sentence email. Dillinger sued, and Obama's appointee, U.S. District Judge Amy Berman Jackson, quickly revived him. He stayed at work for several weeks, including after Jackson issued her final sentence on Saturday evening.
The Dellinger lawsuit is one of several challenges to Trump's firing of independent leaders who Congress has provided removal protections.
The Trump administration has not intended to fire Derlinger and other leaders, including the National Labor Relations Commission and the Merit System Protection Committee chair, and instead claims that elimination protections will infiltrate the president's constitutional authorities.
Legal observers believe that the executive power's expanded view could ultimately set the stage to overturn the 90-year-old precedent that allowed Congress to restrict the president's removal agency against such institutions.
Dillinger's lawsuit had already arrived at the High Court in an emergency facility when the Trump administration sued Jackson's First Order to temporarily revive Dillinger. The Supreme Court punted the administration's request to greenlight the shooting, but it had not resolved the claim.
