The Supreme Court on Friday declined to intervene immediately in a legal battle over President Donald Trump’s attempt to remove Hampton Dellinger, the head of the U.S. Office of Special Counsel, leaving a lower court’s temporary restraining order in place.

The justices neither granted nor denied an emergency request filed by the Trump administration after lower courts had blocked the effort to remove Dellinger, an appointee of former President Joe Biden. Instead, the justices said they would not immediately act due to lower court proceedings moving expediently. A district court hearing is slated for Wednesday.

However, the court could still act on the matter as litigation progresses.

Liberal Justices Sonia Sotomayor and Ketanji Brown Jackson said they would have denied the application outright.

Justices Neil Gorsuch and Clarence Thomas dissented from the majority holding. Writing the dissent, Gorsuch said, “I would vacate the district court’s order and remand with instructions to consider the boundaries of traditional equitable relief.”

The high court’s decision follows a 2-1 vote on Feb. 16, when a panel of the U.S. Court of Appeals for the District of Columbia Circuit decided to keep in place a temporary restraining order by a lower court judge that prevents Trump from removing Dellinger.

The Supreme Court’s move deals a temporary setback to Trump’s push for early high court intervention and signals that the justices are unwilling, at least for now, to carve out an exception for temporary restraining orders in cases involving executive authority.

TRUMP HALTED FROM FIRING SPECIAL COUNSEL OFFICE CHIEF

While the ruling does not resolve the larger constitutional questions surrounding presidential control over independent agencies, it suggests the justices are willing to let lower court proceedings develop before moving to act on Trump’s bid to fire Dellinger. A Trump win in the Dellinger case would pave the way for easily removing other independent agency heads.

The outcome leaves in place a legal roadblock for Trump as he seeks to reshape the federal government and test the limits of executive power.