In a high-stakes legal battle that pits the Executive Branch’s removal authority against lower court intervention, the Trump administration has filed an urgent appeal with the Supreme Court. The case, Scott Bessent, Secretary of the Treasury, et al. v. Hampton Dellinger, challenges a February 12, 2025, temporary restraining order issued by the U.S. District Court for the District of Columbia that blocks President Trump from removing Hampton Dellinger, the leader of the whistleblower protection agency the Office of Special Counsel.
The government’s brief, filed by Acting Solicitor General Sarah M. Harris, argues that the district court’s order infringes upon the President’s exclusive Article II power to remove principal executive officers. The brief contends that since 1978, Supreme Court precedent has consistently affirmed the President’s authority to remove agency heads at will, without judicial interference.
READ: Federal Court Schedules Holiday Hearing On DOGE Lawsuit; Judge Chutkan Criticizes Broad Request
Citing cases such as Seila Law LLC v. CFPB and Collins v. Yellen, the government asserts that any attempt by lower courts to reinstate an agency head removed by the President usurps a core executive function.
According to the government’s application, the order not only prevents the President from firing Dellinger but also bars the appointment of any alternative candidate to serve as Special Counsel.
The brief emphasizes that this unprecedented injunction, lasting up to 28 days, causes “irreparable harm” by impeding the President’s ability to implement his policy agenda during the early days of his administration.
While the district court found that Dellinger’s removal did not cause irreparable harm to the Executive Branch, the government argues that stripping the President of his authority to oversee key investigative and prosecutorial functions violates long-standing constitutional principles.
READ: Iowa AG Urges U.S. Senate To Pass ‘HALT Fentanyl Act’ Closing Copycat Fentanyl Loophole
The government’s appeal requests that the Supreme Court vacate the district court’s order and grant an immediate administrative stay pending further review.
In its brief, the Acting Solicitor General underscores the danger of allowing district courts to dictate the President’s removal decisions, warning that such actions could set a dangerous precedent that would allow lower courts to interfere with executive authority in future cases.
The Supreme Court is expected to review the application under Rule 23 of its Rules and the All Writs Act, with a decision on the temporary stay anticipated shortly.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.