WASHINGTON — On Friday, the Supreme Court decided to allow Hampton Dellinger, the head of the Office of Special Counsel, to remain in his position temporarily. This decision marks the court’s initial involvement in the various legal challenges pertaining to President Donald Trump’s agenda for a second term.
The justices issued an unsigned order indicating that Dellinger will continue his role at least until Wednesday, at which point a lower court’s ruling that currently protects him from being removed will come to an end. The Supreme Court did not explicitly approve or deny the administration’s request for his immediate dismissal, opting instead to pause the decision until the expiration of the lower court’s order, which is imminent.
A hearing has been scheduled by U.S. District Judge Amy Berman Jackson for Wednesday to deliberate on the potential extension of her ruling that keeps Dellinger in office. Depending on her decision, the Supreme Court may revisit the case.
On the court, conservative justices Neil Gorsuch and Samuel Alito aligned with the administration’s viewpoint, expressing skepticism regarding the court’s authority to reinstate an official dismissed by the president. Gorsuch noted that while there have been challenges to presidential dismissals, the defendants typically sought compensatory measures rather than demands for reinstatement.
Conversely, liberal justices Sonia Sotomayor and Ketanji Brown Jackson would have dismissed the administration’s appeal altogether. The court, which has a conservative majority, has historically taken a strong stance on presidential power, including a previous ruling that granted presidents immunity from legal actions related to their official duties.
In its arguments, the Justice Department emphasized that the lower court had overstepped its bounds by blocking the termination of Dellinger, suggesting this impeded Trump’s ability to set the direction of an executive agency at a critical point in his administration. The Office of Special Counsel is tasked with safeguarding the federal workforce against unlawful personnel actions, which includes protecting whistleblowers from retaliation. Notably, Dellinger can only be removed by the president for specific reasons, such as inefficiency or misconduct.
Dellinger, who was appointed by President Joe Biden and received Senate confirmation, expressed his appreciation for the opportunity to continue his role as a government watchdog, highlighting the importance of maintaining independence from partisan influences.
Acting Solicitor General Sarah Harris argued that the Supreme Court should use this opportunity to establish a precedent that limits the power of federal judges, who have recently halted various presidential actions that might infringe upon Trump’s executive authority. Past rulings have reduced protections that independent agency leaders historically enjoyed against arbitrary dismissals.
The court has previously demonstrated a willingness to reconsider the limits on the president’s ability to dismiss heads of federal agencies. In a notable 5-4 decision in 2020, the Supreme Court upheld Trump’s dismissal of the head of the Consumer Financial Protection Bureau. Chief Justice John Roberts articulated that such removal powers are standard; however, he did imply that the court may view the dismissal of the whistleblower protection agency leader differently given the limited jurisdiction of the Office of Special Counsel compared to other regulatory bodies.
There is an indication from the current administration that it aims to completely dismantle the legal safeguards established by a 1935 ruling, which prevents arbitrary firings of officials confirmed by the Senate. Similar to Dellinger, other officials on multimember boards of various federal agencies enjoy protections from such dismissals, and several lower courts have intervened to obstruct some of these firings.
