Will Bode

Okay, so we have this slew of orders list opinions and some shadow docket stuff. I guess we should talk briefly about Besant versus Dellinger.

Okay, so we have this slew of orders list opinions and some shadow docket stuff. I guess we should talk briefly about Besant versus Dellinger.

Is this the only one you think they'll get in the next few years?

Is this the only one you think they'll get in the next few years?

Yeah. And so he's something I, did you know what this was? Special counsel for the office of special counsel. It's something about the merit systems protection board. Yeah. I thought I would, if you would just said special counsel, I was like, Is this somehow related to Ethics in Government Act or something like that?

Yeah. And so he's something I, did you know what this was? Special counsel for the office of special counsel. It's something about the merit systems protection board. Yeah. I thought I would, if you would just said special counsel, I was like, Is this somehow related to Ethics in Government Act or something like that?

Yeah. Okay. So the district court enters a TRO against the president, I guess, against the government saying – Secretary of the Treasury. Yeah. Dellinger stays in office until the court was going to rule on his motion for preliminary injunction. That was argued today, I believe, as we're recording this. Yeah. Because the TRO is supposed to expire today, right? Today is the 26th of February.

Yeah. Okay. So the district court enters a TRO against the president, I guess, against the government saying – Secretary of the Treasury. Yeah. Dellinger stays in office until the court was going to rule on his motion for preliminary injunction. That was argued today, I believe, as we're recording this. Yeah. Because the TRO is supposed to expire today, right? Today is the 26th of February.

And that date will come back in a second. And just for people that are not super familiar, if you go to get this kind of equitable relief from a court, you want the court to order something, there's different versions of that. There's the quick version TRO, temporary restraining order. There's the kind of preliminary version, a preliminary injunction.

And that date will come back in a second. And just for people that are not super familiar, if you go to get this kind of equitable relief from a court, you want the court to order something, there's different versions of that. There's the quick version TRO, temporary restraining order. There's the kind of preliminary version, a preliminary injunction.

So that will happen before the court has really conclusively figured out whether you're going to win. Although for all intents and purposes, in many cases, that is the whole ballgame. And then if you get to that point after the whole process, after we figure out who wins on the merits, then we can have a permanent injunction.

So that will happen before the court has really conclusively figured out whether you're going to win. Although for all intents and purposes, in many cases, that is the whole ballgame. And then if you get to that point after the whole process, after we figure out who wins on the merits, then we can have a permanent injunction.

And the idea that they're not appealable, is that just kind of a background principle or is there some statute that says you can't appeal a TRO? The statute says you can only appeal final orders.

And the idea that they're not appealable, is that just kind of a background principle or is there some statute that says you can't appeal a TRO? The statute says you can only appeal final orders.

And you can't fit it into the collateral order doctrine, which is the doctrine that says certain things that are not final orders are final orders for purposes of appeal. Right. Yeah. Well.

And you can't fit it into the collateral order doctrine, which is the doctrine that says certain things that are not final orders are final orders for purposes of appeal. Right. Yeah. Well.

Oh, okay. Not like an administrative stay. Okay.

Oh, okay. Not like an administrative stay. Okay.

Don't do this while we figure out what the heck is going on. Let's order a complete and total shutdown of what's happening until we can sort it out. Nice callback.

Don't do this while we figure out what the heck is going on. Let's order a complete and total shutdown of what's happening until we can sort it out. Nice callback.