The White House relieved Dellinger of his duties on Feb. 7, but a federal judge blocked it three days later and reinstated him. A US circuit court — the second highest in the land — rejected the first appeal, prompting the White House to take the case to the nation’s top court.
The case could provide a window into whether the Supreme Court, with its 6-3 conservative majority, would be willing to limit US President Donald Trump’s executive authority. Republicans have urged the country’s legal system not to stymie the president’s agenda: Vice President JD Vancesaid earlier this month that “judges aren’t allowed to control the executive’s legitimate power.”
From removing inspector generals and gutting agencies like USAID, to flying undocumented immigrants to Guantánamo Bay, Trump has tried to push the boundaries of his office within the first few weeks of his presidency. His policies have run into alegalwall, though, as groups challenge the moves in court — and sometimes with success.
Whether Trump tries to override the courts is another matter. Last week, he said he will “abide by the courts.” Over the weekend, though, he wrote, “He who saves his Country does not violate any Law,” a quote oft attributed to Napoleon Bonaparte.
With the Trump administration having filed its appeal in the Dellinger case, the Supreme Court must now decide whether it will hear the case. Of the roughly 7,000 appeals that it receives each year, the Court only hears about 100-150 of them.