Bessent v. Dellinger

Background

Hampton Dellinger served as Special Counsel, the head of the Office of Special Counsel, until the President removed him on February 7, 2025. Dellinger sued on February 10, arguing a federal statute limits the President’s ability to remove him. The district court issued a temporary restraining order (TRO) on February 12 directing that Dellinger remain in office while the court considers his request for a preliminary injunction set for February 26.

Reasoning

The core procedural question was whether the High Court should lift that TRO now. The Court declined to decide the substance and instead held the government’s application to vacate the TRO in abeyance until February 26, when the TRO will expire. Justice Gorsuch (joined by Justice Alito) dissented from that procedural hold, arguing the TRO functions like an appealable preliminary injunction and that the district court’s reinstatement remedy raises serious historical and equitable questions that the lower court did not address.

Real world impact

Because the order is only held in abeyance and the TRO remains in place until February 26, Dellinger remains in his post for the short term. The ruling does not resolve the larger legal dispute about presidential removal powers or whether courts may order reinstatement; those questions remain pending. The case highlights an active disagreement among justices over how and when courts can use equity to restrain executive personnel actions.

Dissents or concurrances

Justices Sotomayor and Jackson would have denied the government’s application; Justice Gorsuch would have vacated the district court’s order and ordered further consideration of traditional equitable limits.