In the whole scheme of resistance litigation against the Trump administration, this one may not be the most eye-catching, but I do want to note another win scored by the administration — this one compliments of the Supreme Court's Monday order list.
Here's the background:
Todd Harper, a member of the National Credit Union Administration Board, challenged his removal from that role, filing suit against Treasury Secretary Scott Bessent, President Donald Trump, and other administration officials.
In July, D.C. District Judge Amir Ali granted summary judgment in favor of Harper, but the administration appealed, and the D.C. Circuit Court of Appeals granted a stay of Ali's judgment pending appeal in August. Harper then filed a petition for writ of certiorari with the Supreme Court in September.
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We're used to seeing the blaring headlines when the Supreme Court issues decisions in cases argued before it or orders regarding cases before it on the emergency docket. But, as the court notes on its website, "Regularly scheduled lists of orders are issued on each Monday that the Court sits." These order lists can be multiple pages long and include various administrative orders, along with the court's actions agreeing or declining to hear certain cases. (They may also include per curiam explanations regarding the rulings and statements or dissents from individual justices.)
In any event, Monday's list included this snippet as to the Harper case:
25-367 HARPER, TODD M., ET AL. V. BESSENT, SEC. TREASURY, ET AL. The petition for a writ of certiorari before judgment is denied.
My initial thought was surprise — the administration has largely been successful before the Supreme Court, and there are similar removal of independent agency leader cases currently pending before the court with oral argument upcoming. Then I realized this petition for writ of certiorari was filed by Harper following the ruling from the D.C. Circuit Court of Appeals staying the district court ruling, rather than by the administration.
So, yes, this is yet another win for the Trump administration. A nice way to start the week. (I'm going to need to update that scorecard.)
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