Summary
This per curiam opinion from the D.C. Circuit addresses the government's motion for a stay pending appeal in a challenge to President Trump's removal of Hampton Dellinger as Special Counsel. The court applies the Nken factors and concludes that the government has demonstrated a strong likelihood of success on the merits, relying on Supreme Court precedent affirming broad presidential removal authority over single-headed executive agencies. Weighing the potential irreparable harm to executive authority against the plaintiff's claimed statutory injury, the court grants the stay.
Topics
Practice areas
Questions Presented
- Whether the appellate court should grant a stay pending appeal of the district court’s injunction
- Whether the President’s removal power is limited by the for‑cause removal restrictions on the Special Counsel
Holdings
- The stay pending appeal is granted.
Key quotations
“The Constitution prohibits even ‘modest restrictions’ on the President’s power to remove the head of an agency with a single top officer.” (at *11)
Factual background
President Donald Trump fired Special Counsel Hampton Dellinger on February 7, 2025. Dellinger sued, claiming the firing violated the for‑cause removal protections in the Civil Service Reform Act. The district court granted injunctive and declaratory relief.
Procedural history
The United States District Court for the District of Columbia granted summary judgment to Dellinger, issuing a permanent injunction and declaratory judgment. The government appealed and sought a stay pending appeal.