President Donald Trump is heading to the Supreme Court for the first time in his second term, using an emergency appeal to call on the justices to let him fire the Biden appointed head of the U.S. Office of Special Counsel.
The administration argues for vacating a temporary restraining order (TRO) issued on February 12, 2025, by the district court, which prevents the President from removing Hampton Dellinger as Special Counsel of the Office of Special Counsel (OSC), an executive agency.
It arrives at a moment when Trump is attempting to remove federal officials as is within his executive powers. The President has absolute and unqualified authority to fire officers–and in fact must to protect our democracy.
Imagine not allowing a CEO to fire his employees.
At the center of the dispute is Hampton Dellinger, who President Joe Biden named in 2023 to lead the Office of Special Counsel for a five-year term. He was confirmed by the Senate early last year.

Professor Margot Cleveland: If you read nothing else from Trump Administration’s brief to SCOTUS re district court’s order that fired Special Counsel be reinstated, read passage–I’ve literally re-read it five times because it is so perfectly brutal.
The case:
🚨New briefs filed by both Dellinger and Bessent (Trump Admin.) 1/ https://t.co/MuxTMm4qre
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
2/ Here's Dellinger's Response: https://t.co/esUHx13rvc
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
3/ And here's Trump Administration's Reply: https://t.co/SjT1DJ6qtO
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
4/ Also here's amicus brief in support of Trump, I co-authored with great colleagues @NCLAlegal https://t.co/UpB8LDOUCb
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
5/5 I'd expect ruling today.
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
6/ …continuing with highlights from briefing. Trump Administration's opener really does say it all: Court crossed a constitutional red line: pic.twitter.com/pvCKRQVJeU
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
7/ Okay, I could literally screen grab the entire brief it is so 🔥🔥🔥so please open & read. In short, Trump Administration highlights if SCOTUS doesn't stop, it is allowing judges to interfere in presidency for first month , stressing deluge isn't coming from Trump: pic.twitter.com/dHQrsJTOVm
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
8/ This passage highlight harm when it is "only" a 30 day delay: pic.twitter.com/4zaA8mCoRD
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
9/ Trump Administration also highlights outrageous use of TROs to thwart President & how lower court system must be checked. pic.twitter.com/FjvnJlUF8Z
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
10/ 🧨🧨🧨EXACTLY: pic.twitter.com/6hCQYpNx8N
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
11/11 Again, read entire Trump Admin. Reply Brief: It details not just how there was a constitutional "red line" crossed here (the real constitutional crisis), but how lower court system is using TROs to interfere in executive branch using executive powers!https://t.co/SjT1DJ6qtO
— Margot Cleveland (@ProfMJCleveland) February 19, 2025
https://twitter.com/ProfMJCleveland/status/1892239965293105353
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