The Trump administration is seeking Supreme Court approval to dismiss the head of the federal agency responsible for safeguarding whistleblowers, according to documents acquired on Sunday (February 16, 2025). This marks the first appeal to the justices since President Donald Trump assumed office.
This emergency appeal signals the beginning of what is likely to be a series of appeals from lawyers representing the Republican president and his administration, aiming to reverse lower court decisions that have hindered his second term agenda.
The Justice Department’s filing, obtained by The Associated Press, requests the conservative-majority court to overturn a judge’s order temporarily reinstating Hampton Dellinger as the head of the Office of Special Counsel.
Dellinger has argued that he can only be terminated for job performance issues as per the law, none of which were cited in the email notifying him of his dismissal.
The petition was filed shortly after a divided appeals court panel declined, on procedural grounds, to lift the order that was issued on Wednesday and is set to expire on Feb. 26.
The case is not expected to be placed on the docket until after the Supreme Court reconvenes following the Presidents Day holiday weekend. Any action by the justices would likely take place on Tuesday at the earliest.
It remains uncertain how the conservative-dominated court, which includes three justices nominated by Trump in his first term, will respond to his appeal.
The case originated when Dellinger sued following his removal as the head of the Office of Special Counsel, a role tasked with safeguarding federal employees from unlawful personnel actions, such as retaliation for whistleblowing. He was appointed by Democratic President Joe Biden and confirmed by the Senate for a five-year term in 2024.
Dellinger emphasized the importance of the office’s work, particularly in light of the recent surge in unwarranted firings of federal employees with civil service protections by the Trump administration.
The administration argues that the reinstatement order for Dellinger for two weeks imposes unwarranted restrictions on the president’s authority. The brief references a Supreme Court decision granting Trump immunity from criminal prosecution and affirming a robust view of executive power.
“To our knowledge, no court in American history has used an injunction to compel the president to retain an agency head,” stated acting Solicitor General Sarah M Harris.
The brief also mentions several instances where judges have impeded Trump’s agenda, such as temporarily lifting a freeze on foreign aid funding and preventing workers from Elon Musk’s Department of Government Efficiency team from accessing Treasury Department data.
The Justice Department argues that allowing the order in Dellinger’s case to stand could set a precedent for judges to issue further blocks in the numerous lawsuits facing the Trump administration, thereby “emboldening” them.
Trump’s dismissal of Dellinger is part of his broader efforts to restructure the federal government, challenging established civil service protections by dismantling federal agencies and removing staff members.
The independent Office of Special Counsel operates separately from Justice Department special counsels like Jack Smith, who are appointed by the attorney general for specific investigations, such as Smith’s probe into Trump before he resumed his role at the White House.
Published – February 17, 2025 02:49 pm IST
