The Trump administration has filed an emergency appeal to the U.S. Supreme Court, seeking permission to fire Hampton Dellinger, the head of the federal agency responsible for protecting whistleblowers. This marks the administration’s first appeal to the justices since President Donald Trump took office.
Trump Administration Challenges Court Order on Dellinger’s Dismissal
The Justice Department’s filing, obtained by The Associated Press, urges the Supreme Court to overturn a judge’s temporary order that reinstated Dellinger as the leader of the Office of Special Counsel (OSC). The order, issued last Wednesday, is set to expire on February 26.
Dellinger, appointed by President Joe Biden and confirmed for a five-year term in 2024, argues that the law allows his dismissal only for poor job performance, which was not cited in his termination notice. The administration contends that keeping him in place disrupts executive authority.
Supreme Court’s Conservative Majority to Decide on the Case
The Supreme Court, dominated by a conservative majority that includes three justices appointed by Trump, will determine whether to take up the case after returning from the Presidents Day holiday weekend. The earliest possible action is expected Tuesday.
The administration argues that allowing Dellinger to remain in office is a violation of executive power. They cite a recent Supreme Court decision that strengthened the president’s authority by granting Trump immunity from criminal prosecution.
Dellinger’s Lawsuit and the Broader Impact on Civil Service Protections
Dellinger’s lawsuit highlights concerns over the administration’s aggressive efforts to reshape the federal workforce. In recent weeks, the administration has reportedly dismissed several federal employees with civil service protections without cause.
Dellinger emphasized the importance of his office, stating that protecting government employees from retaliation and wrongful termination is “needed now more than ever.”
The Office of Special Counsel (OSC) is an independent federal agency tasked with shielding federal workers from illegal personnel actions, such as retaliation for whistleblowing. It operates separately from the Justice Department’s special counsels, such as Jack Smith, who investigated Trump before his return to office.
A Test for Executive Power and Federal Protections
The case is likely to become a significant test of the president’s power to reshape federal agencies, particularly those meant to function independently. If the Supreme Court rules in favor of Trump, it could set a precedent allowing broader authority to dismiss federal officials, even those with legally protected terms.
As the legal battle unfolds, it underscores the administration’s ongoing efforts to reduce and restructure the federal government, potentially challenging long-standing civil service protections.