Though they lost, they got a solid dissent to work with and went to the Supreme Court.

Their arguments are that the president has absolute authority to remove officials at will and that every time the Supreme Court has heard a case similar to Dellinger's, they have agreed. //

Whatever the agency, for the President to discharge his constitutional duty to supervise those who exercise executive power on his behalf, the President can “remove the head of an agency with a single top officer” at will. Collins 594 U.S. at 256. On that basis, President Biden in 2021 fired the single head of the Social Security Administration without cause. //

!This Court should not allow lower courts to seize executive power by dictating to the President how long he must continue employing an agency head against his will. “Where a lower court allegedly impinges on the President’s core Article II powers, immediate appellate review should be generally available.”. //

As a general matter, the Constitution “scrupulously avoids concen-trating power in the hands of any single individual” save for the President, who is“the most democratic and politically accountable official in Government.” Id. at 223-224. Single agency heads thus must be accountable to the President through at-will removal. There are only four single agency heads upon whom Congress has sought to confer tenure protection: the Directors of the Consumer Financial Protection Bureau (CFPB) and Federal Housing Finance Agency (FHFA), the Commissioner of Social Security, and the Special Counsel here. The former three are undisputedly subject to at-will removal under Article II. This Court’s precedents foreclose any special exception for the Special Counsel.