William Freeman 2nd Vice Chair | DeKalb County Republican Party
William Freeman 2nd Vice Chair | DeKalb County Republican Party
President Donald Trump has taken his legal battle to the U.S. Supreme Court following a decision by Judge Amy Berman Jackson to reinstate Hampton Dellinger as head of the Office of Special Counsel. This move comes after President Trump dismissed Dellinger from his position last Friday, citing his constitutional duty.
Dellinger, however, challenged his removal and filed a lawsuit which was assigned to Judge Jackson. The judge granted an administrative stay blocking Trump's decision, allowing Dellinger to continue in his role. Jackson further ordered that Trump "must allow Dellinger to continue to have access" to agency resources and prohibited the administration from recognizing any replacement.
The Trump Justice Department's appeal against this decision was dismissed by a three-judge panel consisting of Florence Pan, Michelle Childs, and Greg Katsas. The court ruled that Trump could not appeal an administrative stay, leaving the matter with Judge Jackson.
With Jackson's ruling set to expire soon, she extended it, arguing that Trump cannot unilaterally dismiss the Special Counsel of the Office of Special Counsel. In response, President Trump has filed an emergency appeal with the Supreme Court seeking to overturn Jackson’s decision.
This marks the first Supreme Court battle of Trump's second term and highlights tensions between the executive branch and what is described as an activist judiciary. The Justice Department's filing obtained by the Associated Press argues that Judge Jackson’s ruling infringes on presidential authority.
"The Justice Department’s filing obtained by The Associated Press asks the conservative-majority court to lift a judge’s court order temporarily reinstating Hampton Dellinger as the leader of the Office of Special Counsel," reported AP.
Trump's legal team references previous Supreme Court decisions supporting broad presidential powers over executive appointments. With a conservative-majority Supreme Court including three justices appointed by Trump himself, there is hope within the administration for a favorable outcome.
Alerts Sign-up