Jodi Diodati Administrative Officer | DeKalb County Republican Party
Jodi Diodati Administrative Officer | DeKalb County Republican Party
Fired Biden holdover Hampton Dellinger will remain in his position for now after the US Supreme Court decided not to immediately address President Trump's emergency application. The court's five-page order came on Friday evening, declining to take immediate action regarding the firing of Dellinger, who serves as Special Counsel of the Office of Special Counsel.
President Trump had dismissed Dellinger a few weeks prior. Following this dismissal, Judge Amy Berman Jackson sided with Dellinger and issued an administrative stay that allowed him to retain his job. According to Politico, Judge Jackson stated that "Trump must allow Dellinger to continue to have 'access' to the agency’s resources and cannot 'recognize the authority of any other person as Special Counsel' while the order remains in effect."
In response, President Trump filed an emergency appeal with the US Supreme Court after what he described as a corrupt decision by Obama-appointed Judge Amy Berman Jackson. Chief Justice Roberts then ordered Dellinger to respond to the Trump Administration’s application.
Dellinger's response argued against the administration's claim concerning Article II powers. His attorneys stated, “The government contends that this TRO should be treated as appealable for a reason that this Court has not previously recognized: because it allegedly intrudes upon the President’s Article II powers." They further argued that whether such prerogative exists is central to this case.
The Supreme Court's decision means that they are holding Trump's request "in abeyance," allowing them to potentially make a decision later. The temporary restraining order (TRO) affecting Dellinger's position is set to expire soon.
Liberal justices Sonia Sotomayor and Ketanji Brown Jackson indicated they would deny Trump's application, whereas conservative Justices Gorsuch and Alito expressed they would have granted it.
NBC News reported that this legal showdown marks one of the first instances where President Trump's efforts to significantly alter federal government structures reached the justices. The court neither granted nor denied Trump's emergency request but noted ongoing lower court proceedings with a hearing scheduled for February 26.
The situation remains unresolved as both sides await further developments from upcoming hearings or potential future actions by the Supreme Court.
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