The DC Circuit Court of Appeals ruled against Hampton Dellinger on Monday, rejecting his efforts to prevent the court from issuing a decision. Judges Karen Henderson, Patricia Millett, and Justin Walker sided against Dellinger, concluding that the government had met its burden in the case.
Dellinger had previously attempted to stop the appeals court from issuing a ruling, prompting pushback from the DOJ. The Justice Department accused him of trying to “prevent the issuance” of an opinion. Last Friday, he filed a motion to dismiss his appeal, arguing that the case was moot. The court denied his request and ruled in favor of the government.
Citing Seila Law and Collins, the appeals court found that the government was likely to succeed in arguing that the president has the authority to remove the head of an agency with a single top officer. “On the first factor, the government has satisfied its burden,” the judges wrote. “‘[T]he Constitution prohibits even ‘modest restrictions’ on the President’s power to remove the head of an agency with a single top officer.’” The court further stated that arguments about the scope of the Special Counsel’s role do not alter the president’s removal power.
The judges also agreed with the DOJ’s position, stating that Dellinger exercised enough authority to contradict Trump’s directives. Specifically, the court pointed to Dellinger’s decision to reinstate thousands of probationary federal employees fired by Trump, arguing that this action indicated the Special Counsel’s powers were broader than Dellinger had claimed. “To be able to obtain the reinstatement of thousands of employees in a single agency, even if only temporarily, with such a vague standard of review seems to suggest the Special Counsel’s powers are not as limited as he claims,” the judges noted.
Trump removed Dellinger from his position as Special Counsel for the Office of Special Counsel last month, but the Biden holdover challenged the decision in court and initially succeeded after his case was assigned to Judge Amy Berman Jackson, an Obama appointee. Last week, however, the DC Circuit Court granted a motion to stay Jackson’s order that had reinstated Dellinger.
Following the appeals court ruling, Dellinger announced he was ending his legal battle. “I’m ending my legal battle so my time as Special Counsel and head of the U.S. Office of Special Counsel (OSC) is now over,” he said in a statement.
