A federal judge ruled Saturday that President Donald Trump’s decision to fire Hampton Dellinger, the head of the Office of Special Counsel (OSC), was illegal, setting the stage for a Supreme Court battle over presidential authority.
U.S. District Judge Amy Berman Jackson found that Dellinger, a Biden appointee, cannot be removed before his five-year term ends, citing a federal law protecting the role’s independence. The Justice Department argued that law is unconstitutional, claiming it infringes on the president’s power over the executive branch.
Jackson disagreed, stating that OSC’s role—investigating executive branch ethics violations and whistleblower complaints—requires independence.
“The elimination of the restrictions on plaintiff’s removal would be fatal,” Jackson wrote in her 67-page ruling, arguing that Trump’s position would dismantle congressional protections.
Less than an hour after the decision, the Justice Department appealed to the D.C. Circuit Court of Appeals. The Supreme Court had previously put Trump’s firing attempt “on hold” pending further legal action. Justices Neil Gorsuch and Samuel Alito dissented, signaling possible conservative support for Trump’s authority.
The case is expected to return to the Supreme Court in the coming weeks.
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