President Donald Trump’s administration has petitioned the US Supreme Court to intervene in its effort to remove the head of an independent federal agency responsible for protecting government whistleblowers. This marks the first legal battle involving Trump’s actions to reach the nation’s highest court since he assumed office in January.
The Justice Department has requested the Supreme Court to lift a February 12 ruling by a federal judge that temporarily halted Trump’s removal of Hampton Dellinger as chief of the Office of Special Counsel. The case has yet to be officially listed on the court’s docket, according to a filing reviewed by Reuters.
This legal dispute could provide insight into how the Supreme Court—now dominated by a 6-3 conservative majority, including three justices appointed by Trump during his first term—will handle his aggressive attempts to restructure federal agencies by removing independent agency heads.
Acting Solicitor General Sarah Harris argued in the filing that the judge’s ruling represented an “unprecedented assault on the separation of powers.”
“This court should not allow lower courts to usurp executive authority by dictating how long the President must retain an agency head against his will,” Harris wrote.
Dellinger, appointed by former President Joe Biden, was expected to serve a five-year term ending in 2029. He filed a lawsuit after receiving an email on February 7 notifying him that Trump had dismissed him from his role, “effective immediately.”
In his lawsuit, Dellinger contended that Trump had overstepped his authority by firing him, as federal law permits removal only for “inefficiency, neglect of duty, or malfeasance in office.”
“The Special Counsel’s ability to safeguard the civil service and investigate misconduct is more critical now than ever,” Dellinger’s lawsuit stated, citing an “unprecedented number” of terminations of civil service employees in recent weeks.
US District Judge Amy Berman Jackson in Washington, DC, issued a temporary restraining order on February 12, reinstating Dellinger until a more comprehensive ruling is made.
Jackson noted that Dellinger was likely to succeed in his case since the attempt to remove him without cause “plainly contravenes” federal job protections for the Special Counsel.
“This provision reflects Congress’s clear intent to ensure the Special Counsel’s independence and shield his work from political influence,” Jackson wrote in her ruling.
The US Circuit Court of Appeals for the District of Columbia dismissed the administration’s appeal in a 2-1 ruling on Saturday, stating that it was premature since Jackson’s decision was only temporary.
The Office of Special Counsel investigates whistleblower complaints within federal agencies and enforces the Hatch Act, a law restricting political activities by federal employees.
Dellinger’s dismissal is part of a broader effort by the Trump administration to remove officials tasked with investigating misconduct in the federal government. Last month, Trump dismissed 17 inspectors general, independent watchdogs overseeing government agencies, without providing a formal justification.
