Well, folks, the DC Circuit Court of Appeals just handed President Trump a major win in his battle against the entrenched administrative state. The court ruled that Trump can move forward with re-firing Special Counsel Hampton Dellinger while the legal fight over his dismissal plays out. That’s a huge reversal of the order issued by U.S. District Judge Amy Berman Jackson, who had tried to force the Trump administration to reinstate Dellinger.
Let’s break this down.
Dellinger, a Biden appointee, was supposed to be protected from removal except for “inefficiency, neglect of duty, or malfeasance in office.” But Trump, citing a recent Supreme Court precedent, fired him anyway. The move was immediately challenged in court, and Judge Jackson ordered that Dellinger be reinstated.
That didn’t last long.
The DC Circuit’s ruling on Wednesday—issued by a three-judge panel—essentially hits pause on Jackson’s decision, allowing Trump’s firing of Dellinger to stand while the case works its way through the courts. The ruling itself was brief, offering no detailed explanation, but the fact that the panel sided with Trump suggests that his argument is gaining traction.
🚨🚨🚨BOOM: 1/ pic.twitter.com/fcZcQa1FQV
— Margot Cleveland (@ProfMJCleveland) March 5, 2025
Dellinger’s case isn’t just about one official—it’s about the president’s authority to fire executive branch appointees, especially those who hold independent positions. This battle is shaping up to be a legal showdown with far-reaching implications.
If Trump ultimately prevails, the ruling could reinforce Seila Law LLC v. Consumer Financial Protection Bureau (2020), in which the Supreme Court ruled that the president has the power to fire the director of the CFPB at will. Dellinger, like the CFPB director, was a sole agency head—making his case a near-perfect test for that precedent.
The DC Circuit Court of Appeals has just vindicated CJ Roberts.
The Court has just granted the Motion to Stay the Order of Judge Amy Berman Jackson that Hampton Dellinger remain as head of the Office of Special Counsel while he litigates the legality of his dismissal without…
— Shipwreckedcrew (@shipwreckedcrew) March 5, 2025
But this ruling also signals what might come next: the case of Cathy Harris, the former head of the Merit Systems Protection Board, who was also fired by Trump despite statutory protections. She, too, was ordered reinstated, and if the DC Circuit’s ruling on Dellinger is any indication, she may not be in her position for much longer.
No matter what happens in the lower courts, this case is almost certainly heading to the Supreme Court. If the justices apply the logic of Seila Law, Dellinger’s challenge to his firing is likely doomed.
