Supreme Court Faces First Appeal from Trump Administration to Dismiss Whistleblower Agency Head
The Trump administration has presented an emergency appeal to the Supreme Court, marking its initial request to the justices since Donald Trump assumed the presidency. This appeal seeks permission to terminate the leader of the federal agency tasked with safeguarding whistleblowers. The situation unfolds as lawyers for the Republican president aim to overturn lower court decisions hindering his second-term ambitions.
According to documents acquired by The Associated Press, the Justice Department is urging the conservative-majority Supreme Court to annul a judge’s decision that temporarily reinstated Hampton Dellinger as head of the Office of Special Counsel. Dellinger maintains that his dismissal was unjustified, as no performance-related issues were cited in the email that removed him from his position.
The appeal follows a divided panel from the appeals court refusing to lift the judge’s order on procedural grounds. This order, issued last Wednesday, is set to expire on February 26. The Supreme Court is not expected to register the case until after the Presidents Day holiday, with any action unlikely before Tuesday.
As the case proceeds, the reception from the conservative-dominated court remains uncertain, despite Trump’s appointment of three justices during his first term. The dispute originated the previous week when Dellinger challenged his removal from the Office of Special Counsel, an entity charged with shielding federal employees from unlawful personnel actions, including whistleblower retaliation. Appointed by Democratic President Joe Biden and confirmed by the Senate for a five-year term in 2024, Dellinger insists on the importance of the office amidst a surge in unwarranted federal employee dismissals.
The administration argues that the reinstatement order unduly limits presidential authority. The Justice Department’s brief references a Supreme Court decision that endorsed Trump’s immunity from criminal prosecution, reinforcing executive power. Acting Solicitor General Sarah M. Harris stated, “Until now, as far as we are aware, no court in American history has wielded an injunction to force the president to retain an agency head.”
The Justice Department warns that maintaining the order could prompt judges to impose further restrictions amid the 70 lawsuits currently confronting the Trump administration. Historically, the executive branch, dating back to the Carter administration, has asserted that positions like the Office of Special Counsel should be subject to presidential discretion regarding hiring and firing.
Dellinger’s dismissal is part of Trump’s broader initiative to streamline and reshape the federal government, testing the boundaries of civil service protections by dismantling federal agencies and eliminating staff. It’s crucial to note that the Office of Special Counsel operates independently from Justice Department special counsels, such as Jack Smith, who are tasked with specific investigations like Smith’s probe into Trump’s actions before his return to the White House.
