In a Friday ruling, the U.S. Supreme Court declined the Trump administration’s attempt to remove Special Counsel Hampton Dellinger from his position, allowing him to remain in office temporarily. The decision marks a setback for President Donald Trump, who had sought to fire Dellinger shortly after taking office in February 2025.
Dellinger, appointed by former President Joe Biden in October 2023, was dismissed by Trump on February 7, 2025. The special counsel quickly filed a lawsuit challenging his removal, and a lower court granted him a temporary reprieve, permitting him to stay in his role. The Trump administration then filed an emergency application with the Supreme Court, urging the justices to overturn the lower court’s decision.
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However, in a filing submitted Friday evening, the majority of the Supreme Court justices declined to back the administration’s appeal, effectively allowing Dellinger to remain in his position for the time being. The court’s decision did not provide a detailed explanation, but it highlighted a rare split among the justices, with both liberal and conservative members dissenting for different reasons.
Justices Sonia Sotomayor and Ketanji Brown Jackson, both liberal appointees, dissented, stating they would not have accepted the Trump administration’s appeal. On the other hand, conservative Justices Neil Gorsuch and Samuel Alito also dissented, arguing that they would have granted the administration’s request to block the lower court’s ruling.
Justice Gorsuch, in his dissent, criticized the lower court’s handling of the case, writing, “The district court grappled with none of these complications before ordering Mr. Dellinger’s reinstatement. And if there are answers to the questions its remedial order raises, they appear nowhere in that court’s decision. Accordingly, I would vacate the district court’s order and remand with instructions to consider the ‘boundaries of traditional equitable relief.’”
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The lower court’s order, which temporarily reinstated Dellinger, is set to expire on February 26. A hearing is scheduled for next week to determine whether the pause on Dellinger’s removal should be extended.
The case has sparked a heated debate over presidential authority and the independence of special counsels. Acting Solicitor General Sarah Harris, representing the Trump administration, argued in a petition that no court in American history had ever issued an injunction to force a president to retain an agency head against their will.
“Until now, 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,” Harris wrote.
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