Remove 2024 Remove Malfeasance Remove Statute
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Spoiling for a Fight: Why the Administration’s Loss Last Night May Be Not Just Expected But Welcomed

JonathanTurley

Appointed by President Joe Biden (and son of the respected liberal scholar and Clinton acting Solicitor General Walter Dellinger), Hampton Dellinger was confirmed by the Senate for a five-year term beginning in 2024. Judge Jackson held that the firing clearly violated the controlling statute and that the Act itself was constitutional.

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Watchdog agency head tells justices to stay out of firing dispute

SCOTUSBlog

Dellinger had served as head of the agency since 2024, when he was appointed by then-President Joe Biden to serve a five-year term. Under the 1978 federal law creating the Office of Special Counsel , Dellinger could be removed from his position only for inefficiency, neglect of duty, or malfeasance in office.

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Injunction Junction And Circuit Splits Too

Above The Law

Plaintiffs, including transgender minors and advocacy organizations, argued that the orders violated the separation of powers, conflicted with existing statutes, and infringed on equal protection rights. 1211(b), which allows the President to remove the Special Counsel only for specific reasons (inefficiency, neglect of duty, or malfeasance).

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