A federal judge hinted Wednesday that she may extend a temporary restraining order which has kept Hampton Dellinger, the head of the Office of Special Counsel, in his job after President Donald Trump announced his termination earlier this month.
U.S. District Court Judge Amy Berman Jackson called the matter "an extraordinarily difficult constitutional issue" during a Wednesday hearing before telling lawyers for Dellinger and the government that she will take the matter under advisement. Jackson issued the temporary restraining order 14 days ago, meaning she must act by Wednesday evening to extend the order.
Earlier this month, liberal Supreme Court justices Sonia Sotomayor and Ketanji Brown Jackson voted to outright deny the administration’s request to approve the firing.
Conservative justices Neil Gorsuch and Samuel Alito dissented, saying the lower court overstepped. They also cast doubt on whether courts have the authority to restore to office someone the president has fired. While acknowledging that some officials appointed by the president have contested their removal, Gorsuch wrote in his opinion that "those officials have generally sought remedies like backpay, not injunctive relief like reinstatement."
HOUSE DEMS ORGANIZE RAPID RESPONSE TASK FORCE AND LITIGATION GROUP TO COMBAT TRUMP AGENDA
(Fox News / Special Report)
The dispute over Dellinger is the first legal challenge to reach the Supreme Court after several firings under the Trump administration.
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