The Trump administration wants the Supreme Court to permit the firing of the head of the federal agency dedicated to protecting whistleblowers, according to documents obtained Sunday that would mark the first appeal to the justices since President Trump took office last month. The Justice Department's filing obtained by the AP asks the court to lift a judge's order temporarily reinstating Hampton Dellinger as head of the Office of Special Counsel. The emergency appeal is the start of what appears likely to be a steady stream from lawyers for the Republican president and his administration seeking to undo court rulings that have slowed his second-term agenda.
Dellinger has argued that the law says he can only be dismissed for problems with the performance of his job, none of which was cited in the email dismissing him from the ethics watchdog agency. The administration's petition came hours after a divided appeals court panel declined to lift on procedural grounds to lift the order, which was filed Wednesday and expires on Feb. 26. The new filing was submitted Sunday but isn't formally docketed yet, per Bloomberg. Because of Presidents Day, the justices would not act until Tuesday at the earliest.
The case began last week when Dellinger sued over his removal as head of the Office of Special Counsel, which is responsible for guarding the federal workforce from illegal personnel actions, such as retaliation for whistleblowing. He was appointed by President Joe Biden and confirmed by the Senate to a five-year term in 2024, per the AP. The Trump administration argues that the order reinstating Dellinger for two weeks while the judge considers the case is an "unprecedented assault on the separation of powers," per CNN. The brief cites the Supreme Court decision that gave Trump immunity from criminal prosecution.
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