The Trump administration wants the Supreme Court to permit the firing of the head of the federal agency dedicated to protecting whistleblowers, according to documents obtained Sunday that would mark the first appeal to the justices since President Donald Trump took office.
U.S. Office of Special Counsel/Handout via REUTERS
The emergency appeal is the start of what probably will be a steady stream from lawyers for the Republican president and his administration seeking to undo lower court rulings that have slowed his second-term agenda.
The Justice Department’s filing obtained by The Associated Press asks the conservative-majority court to lift a judge’s court order temporarily reinstating Hampton Dellinger as the leader of the Office of Special Counsel.
Dellinger has argued that the law says he can only be dismissed for problems with the performance of his job, none of which were cited in the email dismissing him.
The petition came hours after a divided appeals court panel refused on procedural grounds to lift the order, which was filed Wednesday and expires on Feb. 26.
The case is not expected to be docketed until after the Supreme Court returns from the Presidents Day holiday weekend. The justices would not act until Tuesday at the earliest.
It’s not clear what reception Trump will get from the conservative-dominated court that includes three justices he nominated in his first term.
The case began last week when Dellinger sued over his removal as head of the Office of Special Counsel, which is responsible for guarding the federal workforce from illegal personnel actions, such as retaliation for whistleblowing. He was appointed by Democratic President Joe Biden and confirmed by the Senate to a five-year term in 2024.
Dellinger said the office’s work “needed now more than ever,” noting the “unprecedented” number of firings, without cause, of federal employees with civil service protections in recent weeks by the Trump administration.
The administration argues that the order reinstating Dellinger for two weeks while the judge considers the case is an unacceptable intrusion on executive power. The brief cites the Supreme Court decision that gave Trump immunity from criminal prosecution and reflected a muscular view of executive power.
The independent Office of Special Counsel is separate from Justice Department special counsels such as Jack Smith, who are appointed by the attorney general for specific investigations, such as Smith’s criminal investigation of Trump before he returned to the White House.
Dellinger’s firing was the latest move in Trump’s sweeping effort to shrink and reshape the federal government, testing the limits of well-established civil service protections by moving to dismantle federal agencies and push out staffers.
