Washington – The Supreme Court faces a decision regarding an emergency request from the Trump administration aimed at swiftly facilitating the removal of Hampton Dellinger, the head of the Office of Special Counsel, as argued by Dellinger’s legal team on Tuesday. This dispute marks the beginning of a series of anticipated legal battles as President Trump and his administration seek to counter judicial rulings that hinder their agenda during his second term.
After Dellinger initiated a lawsuit to prevent his dismissal, a district court in Washington, D.C., provisionally reinstated him with a ruling set to lapse on February 26. A panel from the federal appeals court opted not to step in on the matter.
Following this, the Justice Department presented the case to the Supreme Court, asserting that Trump possesses indisputable authority to terminate the heads of independent agencies. Their brief referenced a Supreme Court ruling from the previous year which granted Trump immunity from criminal charges, highlighting a broad interpretation of executive authority.
Dellinger contended that the legislation establishing the whistleblowing office stipulates that he may only be dismissed due to issues related to his job performance, none of which were mentioned in the communication regarding his termination.
However, on Tuesday, his legal representatives indicated that the justices need not delve into potentially significant matters regarding presidential power at this time. They argued that conventional legal principles generally prevent appeals against temporary restraining orders, such as the one that currently allows Dellinger to retain his position while lower courts deliberate on the legal ramifications.
“The government’s assertion of a crisis predicated on a temporary restraining order that merely maintains Dellinger’s role as the courts review the situation lacks any substantive merit,” his legal team expressed.
The Office of Special Counsel plays a crucial role in protecting federal employees from illegal actions, including reprisals for whistleblowing. Dellinger, appointed by Democratic President Joe Biden and confirmed by the Senate, is positioned for a five-year term ending in 2024.
