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Bessent v. Dellinger

Bessent v. Dellinger was a 2025 case in which lawyer Hampton Dellinger challenged his firing from the United States Office of Special Counsel.

Firing
On February 7, 2025, the White House Presidential Personnel Office fired Hampton Dellinger from his position as head of the Office of Special Counsel. This Office of Special Counsel is an independent agency established in the 1970s to investigate retaliation against government whistleblowers and other civil service crimes. By law, the President can only dismiss its head for "inefficiency, neglect of duty, or malfeasance in office." The email that the Presidential Personnel Office sent to Dellinger did not cite any of these reasons. Dellinger sued, arguing that he had been illegally fired. Dellinger was nominated by President Joe Biden in 2023 and confirmed by the Senate the following year for a five-year term. ==Temporary restraining order==
Temporary restraining order
On February 12, 2024, Judge Amy Berman Jackson of the US District Court for the District of Columbia issued a two-week temporary restraining order allowing Dellinger to maintain his position until his hearing for a preliminary injunction. Among four amicus briefs filed before the Supreme Court, multiple state governments wrote to support Trump's authority to fire Dellinger. The New Civil Liberties Alliance similarly argued that the president must have "absolute removal authority." Conversely, a group of former public officials asked the Court to uphold the temporary restraining order, opining that the Supreme Court should decide the case's constitutional questions after the District Court's proceedings. Another brief submitted by financial regulation professors advocated for preserving Federal Reserve's independence regardless of the Supreme Court's overall holding. In an unsigned opinion issued on February 21, 2025, the Supreme Court chose to hold the motion to vacate the District Court's temporary restraining order in abeyance until its expiration, effectively allowing the order to stand. The Supreme Court opined that the imminent end of this temporary restraining order made appellate interference unnecessary. Justices Sonia Sotomayor and Ketanji Brown Jackson wrote that they would outright deny the application to vacate. Conversely, Justice Neil Gorsuch wrote a dissent joined by Justice Samuel Alito. Gorsuch cited Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc. (1999) and In re Sawyer (1888) respectively for the propositions that the equitable remedies of federal courts are limited to those available when the Judiciary Act of 1789 was passed, and that by 1888 it was "well settled that a court of equity has no jurisdiction over the appointment and removal of public officers." == Further proceedings ==
Further proceedings
On February 26, Judge Amy Berman Jackson extended the temporary restraining order through March 1 so that she could write an opinion. On March 1, she made the injunction against the firing permanent and forbade the administration from acting in any way as if Dellinger had been removed. In her 67-page opinion, Judge Jackson stressed that Congress had made the Office of Special Counsel independent because it could not otherwise perform its function of preventing patronage and corruption in the Executive Branch. Dellinger then dropped his lawsuit, accepting his dismissal. ==References==
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