It is unclear why the D.C. Circuit has allowed Dellinger’s Motion to Dismiss to linger, as opposed to denying it with a note reprimanding his attorneys to follow the controlling procedures for dismissing a case. But by failing to immediately nix Dellinger’s efforts to manipulate the court, we are now seeing other litigants, such as those in the Maryland case challenging the termination of DEI initiatives, trying similar tacks.

The appellate courts need to make clear to litigants that such jockeying will not work, and then they need to put an end to the outrageous preliminary injunctions. And if they refuse to do so, the Supreme Court needs to end its delusional view that it is maintaining the reputation of the judicial branch by allowing the normal process to play out in these politically charged cases—because there is nothing normal about the lower courts’ efforts to unconstitutionally control the Executive Branch.