On Saturday, legal analyst Glenn Kirschner reported that the U.S. Supreme Court handed President Donald Trump an “unexpected” defeat by allowing Hampton Dellinger, the leader of an independent federal agency dedicated to protecting whistleblowers, to maintain his position temporarily.
Newsweek reached out to the White House for comments on Sunday morning via email.
Why This Matters
Since his inauguration on January 20, Trump has aimed to reorganize the federal government, implementing various changes, including the elimination of what he considers discriminatory diversity, equity, and inclusion (DEI) initiatives, as well as reductions in overall federal spending through the Department of Government Efficiency (DOGE), overseen by billionaire Elon Musk.
However, the current administration has encountered several legal challenges, some resolved and others still pending, many of which will ultimately be adjudicated by a Court that has a conservative majority and historically tends to side with Trump in his cases.
Key Points
Earlier this month, Hampton Dellinger, who heads the Office of Special Counsel (OSC), filed a lawsuit against the Trump administration after he was dismissed from his role. Dellinger claims he was terminated without proper justification, citing “inefficiency, neglect of duty, or malfeasance in office.”
In response to Dellinger’s lawsuit, a federal court issued a temporary restraining order, allowing him to be reinstated while legal proceedings continued.
On Friday, the Supreme Court, in an unsigned order, opted not to intervene with the lower court’s temporary ruling, allowing Dellinger to stay in his position until at least February 26.
The Court did not approve or deny the administration’s request for Dellinger’s immediate removal, instead postponing further action, as the lower court’s order is set to expire shortly, leaving the issue in limbo.
Kirschner, a former assistant U.S. attorney and a frequent critic of Trump, discussed the Court’s involvement for the first time during Trump’s second term, calling it an “unexpected” defeat.
“The first glimmer of light comes from an unusual source, the United States Supreme Court… In his initial appearance at the Supreme Court since his presidential inauguration, Donald Trump faced a loss. It might be temporary or minor, but it’s still a loss,” he remarked.
Kirschner’s comments follow Justice Ketanji Brown Jackson and Sonia Sotomayor’s votes to reject the Trump administration’s move to approve Dellinger’s firing. Meanwhile, Justices Neil Gorsuch and Samuel Alito indicated they would have voted to overturn the reinstatement.
The case relates to the 1935 Supreme Court ruling, Humphrey’s Executor v. United States, which allowed Congress to protect leaders of independent agencies from dismissal without justification. Several conservative justices have recently expressed skepticism regarding this precedent.
This case challenges Congress’s authority to shield heads of independent agencies from presidential removal, potentially altering protections for the federal workforce. It follows Trump’s dismissal of 17 inspectors general in January during a broader initiative to consolidate executive power.
The OSC, distinct from Justice Department special counsels like Jack Smith, plays a vital role in safeguarding federal whistleblowers and investigating claims of retaliation against government employees.
Trump has openly criticized whistleblowers and demanded the prosecution of an unnamed federal employee who reported his attempt to leverage U.S. aid to Ukraine in exchange for assistance with his 2016 campaign. This initiative, labeled as a quid pro quo by Democrats, was the basis for Trump’s first impeachment in 2019.
This legal matter is one of three ongoing lawsuits contesting Trump’s authority to dismiss leaders of independent agencies. The administration is currently facing around 70 lawsuits regarding various executive actions.
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Public Reactions
U.S. District Judge Amy Berman Jackson stated in her February 12 ruling reinstating Dellinger: “Defendants suggest that having Special Counsel Dellinger return to his duties would disrupt the agency’s operations. However, any disruption was caused by the White House.”
“It’s as if a bull in a china shop turned around and remarked, ‘What a mess!'” she added.
Stephen Kohn, chair of the National Whistleblower Center board, criticized Dellinger’s removal on February 10 as “irresponsible and dangerous.”
He remarked, “This decision jeopardizes an essential government program that has saved taxpayers billions and is intended to promote the reporting of waste, fraud, and abuse of taxpayer funds. Furthermore, the OSC keeps confidential records of hundreds or thousands of federal employees who have reported significant fraud, waste, and abuse, all of whom are now at risk of exposure.”
OSC Head Hampton Dellinger expressed in a prior statement: “I am thankful for the chance to continue leading the Office of Special Counsel and I am restarting my duties tonight.”
He previously noted that the office’s role was “more critical than ever” due to “unprecedented” civil service dismissals.
Acting Solicitor General Sarah M. Harris remarked in a recent statement: “To our knowledge, no court in American history has ever used an injunction to compel a president to retain an agency head that the president believes should not hold executive power.”
Looking Ahead
As the temporary order reinstating Dellinger expires this week, it remains uncertain if he will retain his position beyond that date.
