No. 24A790

Scott Bessent, Secretary of the Treasury, et al. v. Hampton Dellinger, Special Counsel of the Office of Special Counsel

Lower Court: District of Columbia
Docketed: 2025-02-18
Status: Presumed Complete
Type: A
Amici (4) Experienced Counsel
Tags: agency-independence article-ii constitutional-structure executive-removal prosecutorial-discretion separation-of-powers
Key Terms:
SocialSecurity EmploymentDiscrimina Privacy JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether the President's Article II powers categorically preclude statutory tenure protections for the head of an independent investigative agency with prosecutorial functions

Question Presented (OCR Extract)

No question identified. :

Docket Entries

2025-03-06
Application (24A790) to vacate the order of the United States District Court for the District of Columbia is denied as moot.
2025-02-27
Response to Acting Solicitor General's Letter filed.
2025-02-27
Response to Acting Solicitor General's Letter of Hampton Dellinger submitted.
2025-02-26
Letter of Scott Bessent, Secretary of the Treasury, et al. submitted.
2025-02-26
Letter of applicants Scott Bessent, Secretary of the Treasury, et al. filed.
2025-02-21
Application (24A790) referred to the Court.
2025-02-21
This matter concerns the President’s action to remove Hampton Dellinger from his position as Special Counsel for the Office of Special Counsel. Dellinger challenged his without-cause removal in the District Court for the District of Columbia. See 5 U. S. C. §1211(b). On February 12, 2025, the District Court entered a temporary restraining order (TRO) providing that Dellinger should remain in office until the court ruled on his motion for a preliminary injunction. The District Court has scheduled a hearing on that motion for February 26, the day that the TRO expires. See Fed. Rule Civ. Proc. 65(b)(2). Pending before this Court is the Government’s application to vacate the TRO. Dellinger has filed a Response in Opposition. The Government then filed a reply. The question is thus fully briefed before this Court. Although it acknowledges that this Court typically does not have appellate jurisdiction over TROs, the Government urges us to construe the TRO as a preliminary injunction or to exercise jurisdiction under the All Writs Act in light of the core executive power assertedly restrained. Application 31–32; see 28 U. S. C. §1292(a)(1). In his opposition, Dellinger repeatedly notes that the TRO will “expire by its terms [in] eight [now five] days,” Response in Opposition 1, that it “lasts only for a very short duration,” id., at 15, and that it “is set to expire on February 26,” id., at 39. In light of the foregoing, the application to vacate the order of the United States District Court for the District of Columbia presented to The Chief Justice and by him referred to the Court is held in abeyance until February 26, when the TRO is set to expire. Justice Sotomayor and Justice Jackson would deny the application. Justice Gorsuch, joined by Justice Alito, dissents. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a790_6i79.pdf'>Opinion</a>)
2025-02-19
Brief amicus curiae of Florida, et al. filed.
2025-02-19
Reply of applicant Scott Bessent, Secretary of the Treasury, et al. filed.
2025-02-19
Amicus brief of State of Florida and 19 other States submitted.
2025-02-18
Response to application (24A790) requested by The Chief Justice, due by 2pm (EST) on February 19, 2025.
2025-02-18
Brief amicus curiae of New Civil Liberties Alliance filed.
2025-02-18
Brief amicus curiae of Law Professors filed.
2025-02-18
Brief amicus curiae of Former Public Officials and Legal Scholars filed.
2025-02-18
Amicus brief of New Civil Liberties Alliance submitted.
2025-02-18
Amicus brief of Former Public Officials and Legal Scholars submitted.
2025-02-18
Amicus brief of Law Professors submitted.
2025-02-18
Response to application from respondent Hampton Dellinger filed.
2025-02-16
Application (24A790) to vacate the order issued by the United States District Court for the District of Columbia, submitted to The Chief Justice.
2024-02-16
Application (24A790) to vacate the order issued by the United States District Court for the District of Columbia, submitted to The Chief Justice.

Attorneys

Former Public Officials and Legal Scholars
Jon M. GreenbaumJustice Legal Strategies PLLC, Amicus
Jon M. GreenbaumJustice Legal Strategies PLLC, Amicus
Hampton Dellinger
Joshua Adam MatzHecker Fink LLP, Respondent
Joshua Adam MatzHecker Fink LLP, Respondent
Law Professors
Steven A. HirschKeker, Van Nest & Peters, LLP, Amicus
Steven A. HirschKeker, Van Nest & Peters, LLP, Amicus
New Civil Liberties Alliance
Gregory DolinNew Civil Liberties Alliance, Amicus
Gregory DolinNew Civil Liberties Alliance, Amicus
Scott Bessent, Secretary of the Treasury, et al.
Sarah M. HarrisActing Solicitor General, Petitioner
Sarah M. HarrisActing Solicitor General, Petitioner
State of Florida and 19 other States
Jeffrey Paul DeSousaFlorida Office of the Attorney General, Amicus
Jeffrey Paul DeSousaFlorida Office of the Attorney General, Amicus