WASHINGTON (AP) — The Trump administration is urging the Supreme Court to allow the dismissal of the head of the federal agency responsible for safeguarding whistleblowers, according to documents acquired on Sunday, marking the first appeal to the justices since President Donald Trump assumed office.
This emergency appeal signifies the beginning of what is likely to be a continuous series of legal challenges from the Republican president and his administration aiming to overturn lower court decisions that have hindered his agenda during his second term.
The Justice Department’s submission, obtained by The Associated Press, requests the conservative-majority court to vacate a judge’s order that temporarily reinstates Hampton Dellinger as the leader of the Office of Special Counsel.
Dellinger contends that the law stipulates he can only be removed for performance-related issues, none of which were mentioned in the email announcing his dismissal.
The petition was filed shortly after a divided panel of the appeals court declined on procedural grounds to lift the reinstatement order, which was issued on Wednesday and will expire on February 26.
The case is not expected to be placed on the docket until after the Supreme Court returns from the Presidents Day holiday weekend, with the justices unlikely to take action before Tuesday at the earliest.
It’s uncertain how the conservative-dominated court, which includes three justices nominated by Trump during his first term, will respond.
The legal dispute began last week when Dellinger filed a lawsuit against his removal as head of the Office of Special Counsel, an agency tasked with protecting the federal workforce from illegal personnel actions, such as retaliation against whistleblowers. He was appointed by Democratic President Joe Biden and confirmed by the Senate for a five-year term in 2024.
Dellinger stated that the office’s mission is “more critical now than ever,” highlighting the “unprecedented” surge in the dismissal of federal employees with civil service protections without cause in recent weeks by the Trump administration.
The administration argues that the order reinstating Dellinger for two weeks while the judge deliberates the case represents an unacceptable interference with executive authority. The filed brief references the Supreme Court ruling that granted Trump immunity from criminal prosecution, underscoring a robust interpretation of executive power.
The independent Office of Special Counsel operates separately from Justice Department special counsels like Jack Smith, who are appointed by the attorney general for distinct investigations, including Smith’s criminal probe into Trump prior to his return to the White House.
Dellinger’s removal is the latest action in Trump’s extensive campaign to reduce and reconfigure the federal government, testing the boundaries of long-established civil service protections by attempting to dismantle federal agencies and remove staff members.
