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The Dictatorship

The first case of Trump’s second term reaches the high court

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The first case of Trump’s second term reaches the high court

It took less than a month for a case from Donald Trump’s second presidential term to reach the Supreme Court. The administration’s appeal stems from Trump’s attempt to fire a top government watchdog in a dispute that implicates long-standing precedent that protects independent federal agencies. How the justices handle it could give us the first glimpse of their thinking at this early stage of an already litigation-packed term.

The background here is that Trump sought to fire Hampton Dellinger, head of the Office of Special Counsel. The OSC is an independent agency that protects federal employees and applicants from retaliation for whistleblowing and other protected practices (not to be confused with the Justice Department’s special counsels, like Jack Smithwho prosecuted Trump). A divided federal appeals court panel issued a ruling over the weekend that keeps Dellinger in his position for now, which prompted the administration to seek emergency relief from the high court.

Specifically, Trump’s acting solicitor general, Sarah Harris, wants the court to undo a trial court judge’s temporary restraining order against the government — which is set to expire Feb. 26 — and to immediately pause the order while the justices consider the matter.

“This case involves an unprecedented assault on the separation of powers that warrants immediate relief,” Harris (a former Clarence Thomas clerk) wrote to Chief Justice John Roberts, who handles emergency litigation from the District of Columbia. She cited the Roberts-authored immunity decision in Trump’s favor that touted the president’s power, as well as other recent rulings that enhanced presidential authority over federal agencies.

Harris cast Trump’s bid to remove Dellinger earlier this month as “uncontroversial,” while deeming the lower court reaction extraordinary. “Until now,” she wrote, “as far as we are aware, no court in American history has wielded an injunction to force the President to retain an agency head whom the President believes should not be entrusted with executive power and to prevent the President from relying on his preferred replacement.”

Absent emergency relief, Harris warned, lower courts would be “embolden[ed]” to grant restraining orders against the White House. “This Court should not allow lower courts to seize executive power by dictating to the President how long he must continue employing an agency head against his will,” she wrote.

The application comes as Harris recently wrote to Congress that the government is prepared to seek the reversal of a 1935 precedent called Humphrey’s Executorwhich has long protected agency independence.

Opposing the government’s high court bid, Dellinger’s lawyers wrote that the administration is trying to create an exception to the general rule that temporary restraining orders can’t be appealed. “To accept its theory and grant its request for relief would be to invite more of the same: a rocket docket straight to this Court, even as high-stakes emergency litigation proliferates across the country,” they wrote. They added that Humphrey’s Executor and other precedents cited by the government “all support the constitutionality of the OSC’s for-cause removal limitation.”

And they called it “an especially unfortunate moment at which to weaken the OSC, given the historic upheaval currently occurring within federal employment and the continued importance of ensuring that whistleblowers are guarded from reprisal.”

We could soon learn what Roberts and his colleagues make of all this. To be sure, they could issue a procedural-type ruling — such as lifting the restraining order for a brief period while they further consider the issue — that wouldn’t necessarily determine how the court will ultimately resolve the merits of the issue. And their eventual resolution as to the merits of Dellinger’s removal also won’t necessarily determine how they’ll deal with other agencies and lawsuits.

But whatever the court does decide will be scrutinized closely not only for what it means on this important issue but for any indications of how the court might treat Trump’s broader bid to consolidate power in his second term.

Subscribe to theDeadline: Legal Newsletterfor expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

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The Dictatorship

Trump praises controversial cabinet members during CPAC speech

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Trump praises controversial cabinet members during CPAC speech
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What it’s like watching ‘Apple Cider Vinegar’ as a cancer survivor who trusted her doctors

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What it’s like watching ‘Apple Cider Vinegar’ as a cancer survivor who trusted her doctors

The popular new Netflix series, “Apple Cider Vinegar,” based largely on the true story of Australian wellness influencer and fraudster Belle Gibsonaffected me deeply. Gibson claimed her wellness treatments cured her terminal brain cancer, a brazen and consequential lie that risked the lives of her followers.

As a two-time breast cancer survivor, I know cancer treatments are not for the fainthearted or noncompliant. But they have kept me — and millions of others — alive. Meanwhile, research shows patients who reject or delay the advice of their doctors are much more likely to die.

Today, after an ordeal including surgery, radiation and chemotherapy, I am 10 months cancer-free. And free, also, to binge this drama, enraged by the premise.

In the warped world inhabited by so-called wellness warriors, a strong person rejects conformity, and a weak person passively complies with the medical establishment.

In the warped world inhabited by so-called wellness warriors, a strong person rejects conformity, and a weak person passively complies with the medical establishment. This argument distorts the global medical community, twisting “the establishment” into a nefarious moneymaking conspiracy. But while Big Pharma does rake in billions, cancer treatment is not a scam. And influencers who try to lure vulnerable people away from established science are toxic, in every sense of the word. Just as we have seen with Covid deniers and vaccine skepticsdisinformation can kill.

I could not watch any movie, series, program or TEDx talk on cancer while I was in the middle of my own treatments and recovery. There was nothing entertaining about the stories, or the characters — too many of whom died. I just knew I didn’t want to be like them.

When I was first diagnosed with Stage 1 breast cancer in 2006, I eagerly did everything my surgeon and oncologist told me to do. I got the lumpectomy. I submitted to the prescribed brachytherapy (internal seed radiation) twice daily for one week and many years of Tamoxifena hormone-blocking medication with uncomfortable and inconvenient side effects.

I wanted to live. And I trusted my doctors and medical team wanted me to live as much as I did.

A single mom with sole custody of three sons, then 13, 16 and 18, I wanted to see them all through high school, college, weddings, my grandchildren and my eventual retirement.

Almost two decades later, in June 2023, a second breast cancer identified as triple-negative, invasive, aggressive Stage 3 showed up on my ultrasound. The three tumors measured 7 centimeters all together. Once again, I did absolutely everything my oncologist, surgeon and cardiologist ordered — including eliminating alcohol after reading about the link between drinking and cancer. I also gave up diet soda at the suggestion of my oncologist. Why not?

Because the truth is that cancer is scary. And highly motivating. The other main protagonist in “Apple Cider Vinegar” is Milla Blake, a character who seems at least partly inspired by a real woman named Jessica Ainscough. Diagnosed with a rare cancer in her early 20s, Ainscough eventually stopped chemo and adopted an intense (and unproven) regimen of juices and coffee enemas. I deeply empathized with her honesty, vulnerability and courage as she searched for answers. She was aiming to fight for herself, not build a wellness empire based on lies.

But Ainscough also reportedly convinced her mother to forgo doctor recommendations and try the alternative therapy route. Her mother died from breast cancer in 2013. Ainscough would succumb to her own cancer a few years later. A tragedy layered on top of a tragedy.

The U.S. Centers for Disease Control and Prevention reports that in 2022, the latest year numbers are available, over 600,000 people in the United States died from cancer. There are 18 million people with a history of cancer who are still alive, according to the American Cancer Society.

Survival rates vary by cancer type, diagnosis timeline and various other personal variants. But the overall five-year survival rate for breast cancer in women is 90% — if those women follow the recommended surgery, chemotherapy and radiation protocol.

On the other hand, the Mayo Clinic notes that alternative treatments may be able to help with some symptoms, but they are not cures. If they were, doctors would use them.

Michele Weldon rings the bell at the end of her cancer treatment.
Michele Weldon rings a bell signifying the end of her cancer treatment.Courtesy Michele Weldon

As accurately presented in the series by screenwriter Samantha Strauss, chemotherapy is almost intolerable; my own treatments were cut short and surgery for a radical mastectomy moved up more than three months because my system could not handle the stress.

I also went completely bald, just as the character Lucy did in the series. I wore a wig for a bit, until my hair began to grow back months after radiation ended. Chemo gave me mouth sores and made everything taste like gasoline; I ultimately lost more than 30 pounds.

And still, I listened to the experts. Any anger I felt was directed at my cancer, not at my doctors. Unlike in most every other aspect of my professional and personal life, when dealing with cancer, I was completely obedient.

A number of my friends have had their own cancer experiences, and I adamantly advise them to do everything their doctors and nurses recommend. I darkly joke that I spent my 30s sending flowers to my friends in hospitals having babies; in my 60s, I send flowers to my friends in hospitals having surgeries.

Ultimately, the tragedies presented in “Apple Cider Vinegar” are real. But there is nothing inherently weak about following the science. And nothing inherently brave about ignoring it.

Michele Weldon

Michele Weldon is an award-winning journalist, author, TEDx speaker, emerita faculty at Northwestern University and senior leader with The OpEd Project. Her latest book is “The Time We Have: Essays on Pandemic Living.”

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