I guess Leandra English will have to set up her office in Avignon?
Request for TRO in favor of English denied. That means Trump’s pick Mulvaney is in charge, at least for now.
AP story here, too.
Can someone explain that last sentence?
He declined to issue a RO. The case continues otherwise.
My cursory reading finds a few mentions that the granting of, or refusal to grant, a temporary restraining order is generally not appealable because they are generally of short duration. Though there are, of course, a boatload of exceptions including TROs that effectively end a case.
IANAL and do not fully understand why this denial of a TRO is not appealable.
Regardless, English has a definite uphill climb. She failed to show that she was likely to prevail on the merits. She still will get a chance to argue her case. But if in the meanwhile Trump nominates and the Senate confirms a new director the whole case will be mooted.
Legal analyst Dahlia Lithwick argues that Trump has the right to appoint Mulvaney.
Ms. Lithwick is right, I think.
12 U.S.C. § 5491(a) (the Dodd-Frank Act language) says:
The Federal Vacancies Reform Act is, in fact, a federal law, and it does in fact deal with officers. So the FVRA applies, unless there is another law that says it doesn’t. And if there were such a law, it would have to EXPRESSLY provide otherwise. That means you cannot say, “Well, this law is newer, and it implies a different answer.” That’s not “expressly,” and it doesn’t change things.