Legal Commentary

No Win for Walpin

By Jonathan H. Adler

Gerald Walpin, the former Inspector General for the Corporation for National and Community and Services (which runs ?AmeriCorps?), has lost his appeal challenging his removal by President Obama. Walpin claimed he was removed because of his aggressive investigation of alleged wrongdoing by Sacramento mayor (and former NBA star) Kevin Johnson. Walpin claims his removal was illegal because the Inspector General Act requires that the President give Congress 30 days notice and an explanation before removing an IG. Walpin sought a writ of mandamus to reinstate him. Today the U.S. Court of Appeals for the D.C. Circuit affirmed the district court?s dismissal of Walpin?s claim, concluding Walpin ?does not have a ?clear and indisputable right to relief? as required for mandamus.?

UPDATE: Here are John Elwood?s prior posts on Walpin?s firing.

Full post as published by The Volokh Conspiracy on January 04, 2011 (boomark / email).