Trump administration seeks Supreme Court approval to proceed with dismissal of whistleblower agency leader

The Trump administration is seeking approval from the Supreme Court to dismiss the head of the federal agency tasked with safeguarding whistleblowers, based on documents obtained over the weekend. This development represents the first appeal directed to the Supreme Court since Donald Trump’s presidency began.

The emergency appeal signals a potential influx of legal challenges from Trump’s administration aimed at reversing lower court decisions that have hindered his objectives during his second term.

The Justice Department’s petition requests that the Supreme Court, which has a conservative majority, overturn a ruling that temporarily reinstated Hampton Dellinger as the head of the Office of Special Counsel. Dellinger contends that according to the law, he can only be dismissed based on performance-related issues, none of which were mentioned in the dismissal email he received.

This appeal follows a divided appellate court’s refusal to lift the order on procedural grounds. This order was originally filed on Wednesday and is set to remain in effect until February 26.

The case is not anticipated to be reviewed until the Supreme Court reconvenes after the Presidents Day holiday weekend, likely delaying any action until at least Tuesday.

The outcome of this case remains uncertain, particularly regarding how the Supreme Court, which includes three justices appointed by Trump, will respond.

The legal matter began last week when Dellinger took legal action following his termination as the leader of the Office of Special Counsel. This office is crucial for defending the federal workforce against unlawful employment practices, including retaliation against whistleblowers. Dellinger, who was appointed under President Joe Biden and confirmed for a five-year term in 2024, emphasized the importance of the office’s functions, particularly in light of an unprecedented number of recent firings of federal employees protected by civil service laws.

The Trump administration contends that the reinstatement order improperly limits presidential authority. The Justice Department’s brief refers to a Supreme Court decision that afforded Trump immunity from criminal charges and reinforced a robust interpretation of executive power.

Acting Solicitor General Sarah M. Harris noted, “Up until now, as far as we are aware, no court in American history has issued an injunction mandating the president to retain an agency head.”

The brief also highlights various cases in which the judiciary has impeded Trump’s initiatives, including halting a freeze on foreign aid funding and temporarily preventing workers assigned to Elon Musk’s so-called Department of Government Efficiency from accessing Treasury Department information.

The executive branch has maintained since the Carter administration that the Office of Special Counsel should operate under the president’s authority for appointment and dismissals. The Justice Department argues that allowing the reinstatement order in Dellinger’s case could encourage judges to impose further restrictions in the nearly 70 ongoing lawsuits currently facing the Trump administration.

Dellinger’s dismissal appears to be part of Trump’s expansive agenda aimed at restructuring the federal government, pushing the boundaries of established civil service protections by working to dismantle federal agencies and removing personnel.

Importantly, the independent Office of Special Counsel is distinct from Justice Department special counsels like Jack Smith, who are appointed for specific investigations, including Smith’s ongoing criminal inquiry into Trump’s activities prior to his return to the White House.