The Trump administration has asked the U.S. Supreme Court to lift a federal judge’s order blocking the removal of Hampton Dellinger, head of the Office of Special Counsel (OSC), amid a legal battle over the president’s authority to fire independent agency heads.
The Justice Department’s filing, reviewed by Reuters, challenges a February 12 ruling by U.S. District Judge Amy Berman Jackson that temporarily reinstated Dellinger, a Biden appointee, citing statutory protections. Jackson ruled that Dellinger’s firing without cause violated federal law, which only permits removal for “inefficiency, neglect of duty, or malfeasance.”
Acting Solicitor General Sarah Harris called the judge’s ruling an “unprecedented assault on the separation of powers,” arguing that courts should not prevent the president from dismissing agency heads. The U.S. Circuit Court of Appeals for D.C. dismissed the administration’s appeal, deeming it premature.
Dellinger, whose term was set to run until 2029, sued after receiving a February 7 email stating he had been fired “effective immediately.” His lawsuit argued that protecting the OSC’s independence is crucial, especially amid a surge in terminations of federal employees with civil service protections.
The OSC investigates government misconduct, protects whistleblowers, and enforces the Hatch Act, which restricts federal employees’ political activities. Trump’s move to oust Dellinger follows his recent firing of 17 inspectors general, continuing his broader efforts to reshape the federal government.
The Supreme Court, with a 6-3 conservative majority including three Trump appointees, may soon weigh in on the extent of the president’s authority over independent agencies.
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