The U.S. Supreme Court is being called to intervene after Obama-appointed Judge Amy Berman Jackson extended a Temporary Restraining Order (TRO) reinstating fired Biden holdover Hampton Dellinger. The TRO, initially set to expire on February 26, has now been extended through Saturday, March 1.
President Donald Trump removed Dellinger, who served as Special Counsel for the Office of Special Counsel, earlier this month. However, Judge Jackson issued an administrative stay, allowing Dellinger to keep his job despite the dismissal. Trump filed an emergency appeal to the Supreme Court, but the justices placed the request “in abeyance,” meaning a decision could come later.
During Wednesday’s hearing, Department of Justice attorneys argued that Trump has the constitutional authority under Article II to fire subordinates without cause. DOJ lawyers contended that Jackson’s ruling infringes on presidential powers and that she lacks the authority to reinstate Dellinger.
Despite these arguments, Jackson extended the TRO, signaling that she may issue a preliminary injunction against Dellinger’s firing. In a five-page ruling, she justified the extension by stating that it preserves the “status quo” while she finalizes a written opinion on the matter.
Meanwhile, emboldened by the Supreme Court’s delay, Dellinger has been actively challenging Trump’s decisions. On Monday, he claimed that some of Trump’s recent firings of probationary employees could be illegal. His office filed requests to pause six firings, citing potential violations of federal personnel laws.
Late Tuesday, the U.S. Merit Systems Protection Board granted a 45-day stay on Trump’s terminations and is now reviewing broader measures to block additional firings of probationary employees.
Legal experts warn that the ongoing battle over Dellinger’s firing could set a significant precedent regarding a president’s authority to remove executive branch officials. If the Supreme Court declines to intervene, it may embolden lower courts to challenge future presidential dismissals, potentially reshaping the balance of power between the executive and judicial branches.
Trump’s allies argue that allowing Dellinger to remain in office undermines the administration’s ability to implement policy changes and removes accountability from unelected bureaucrats. With mounting legal challenges, the Supreme Court’s eventual ruling on this case could have lasting implications for executive authority moving forward.
