Who Controls The Bureaucracy? The Supreme Court's Next Landmark Executive Power Case

. . . What remains to be seen is whether the Supreme Court ultimately will rule that the confinement of that executive power to intra-government enforcement permits something less than full Article II oversight by the President. . . .

Introduction

On February 7, 2025, the Trump administration removed Hampton Dellinger from his position as Special Counsel of the U.S. Office of Special Counsel ("OSC"). This dismissal was made without citing any of the three required statutory justifications for removal—(1) inefficiency, (2) neglect of duty, or (3) malfeasance in office—prompting an immediate legal challenge by Dellinger. In response, the U.S. District Court for the District of Columbia issued a temporary restraining order ("TRO") reinstating Dellinger. Relying on the Supreme Court's New Deal-era decision in Humphrey's Executor v. United States, 295 U.S. 602 (1935), the district court determined that Dellinger is likely to succeed in demonstrating that the OSC's