Team Tangerine 2.0 Cannot Understand The Word “Temporary” — In The Granting of A TRO. Ugh — Now To Supremes.

We’ve not mentioned this case Tangerine has been “TRO-ed on“, before. He seeks to fire the head of a federal ethics agency watchdog — that is plainly beyond his remit.

He was enjoined, with a TRO at the DC trial level, and late Friday night, was told — by the DC Circuit Court of Appeals — that it in turn had no jurisdiction… since TROs are not “final” orders — they are… wait for it! T E M P O R A R Y.

Yes. Judicial review takes a lil’ time. Deal with it. Again, we remind the readership that we Democrats waited over two years to stop his 1.0 version of a “dead hand” border provision, in Texas — also clearly beyond his remit.

So — do read this… and smile — as the Supremes will tell Tangerine the same, later this week:

…[Team Tangerine 2.0, here “the government”] fails the Cheney test at every step. First, the government obviously has other adequate means to attain the relief it seeks — it can attempt to persuade the district court to deny the preliminary-injunction motion and allow the President to remove Dellinger during the pendency of the case; and if the government fails in that attempt, it is entitled to appeal the district court’s ruling. See 28 U.S.C. § 1292(a)(1).

As noted, the legal standard governing the issuance of preliminary injunctions is identical to that governing the entry of TROs. Thus, a premature appeal of the TRO ruling would unduly impinge on the district court’s ability to resolve the preliminary-injunction motion that is presently before it. In Flynn, we noted that we were unaware of any precedent in which “our Court, or any court, issued the writ to compel a district court to decide an undecided motion in a particular way — i.e., when the district court might yet decide the motion in that way on its own.” Flynn, 973 F.3d at 79….

[The reference to Flynn here, is priceless — since that was also a Trump 1.0 case.] I guess it is fair then, to say Tangerine 2.0 is now… one-for-23. It is… amazingly obvious, then, that his theories on executive power… are (and I am being charitable, here)… bunk.

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