Trump is going to SCOTUS, and why it's going to probably FAIL.

On February 7, 2025, President Donald Trump (never gets old saying that) notified Hampton Dellinger (tbf, that's a pretty solid name) that he was fired from his position as head of the Office of Special Counsel, citing the President's authority under Article II of the United States Constitution.

By February 10, Dellinger had sought a Temporary Restraining Order (aka an Injunction) from a Federal District Court in Washington D.C. to prevent his firing. Dellinger cites Congressional Statutes (5. U.S.C. 1211 et. seq.) that enable and empower the Special Counsel to a tenure that is free from political removal and only allows for termination for inefficiency, neglect of duty or malfeasance.

The TRO was issued on February 12, 2025 and will be heard in District Court on February 26, 2025.

President Trump appealed to the D.C. Circuit and was denied a stay of the TRO by a 2-1 opinion.

This issue has been a long time coming. Multiple Presidential Administrations going back to President Jimmy Carter have viewed the provisions of 5 U.S.C. 1211 to be an unconstitutional infringement on the President's Article II powers by Congress.

That said, this is about appealing a temporary injunction....that's not something you can do....pretty much anywhere.

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