
WASHINGTON (AP) — The Trump administration is seeking permission from the Supreme Court to allow the termination of the head of the federal agency responsible for safeguarding whistleblowers. This request, detailed in documents obtained on Sunday, marks the administration’s first appeal to the justices since President Donald Trump assumed office.
This urgent petition appears to be the beginning of a series of appeals that attorneys for the Republican president and his administration are likely to file as they attempt to reverse lower court decisions that have hindered his agenda during his second term.
The Justice Department’s filing, acquired by The Associated Press, urges the conservative-leaning Supreme Court to overturn a judge’s 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 removed from his position due to performance-related issues, none of which were mentioned in the email that announced his dismissal.
The petition was filed shortly after a divided appeals court panel declined, on procedural grounds, to lift the judge’s order reinstating Dellinger. This order, issued on Wednesday, is set to expire on February 26.
The Supreme Court is expected to take up the case only after returning from the Presidents Day holiday weekend, with any action not anticipated until at least Tuesday.
It remains uncertain how the conservative-majority court, which includes three justices appointed by Trump, will respond to his appeal.
This legal battle commenced last week when Dellinger filed a lawsuit contesting his dismissal as head of the Office of Special Counsel, an agency tasked with protecting federal employees against unlawful actions, such as retaliation for whistleblowing. He was appointed by Democratic President Joe Biden and confirmed by the Senate for a five-year term concluding in 2024.
Dellinger emphasized the necessity of the office’s work, especially in light of the “unprecedented” wave of non-merit-based firings of federally protected employees in recent weeks, a trend he attributes to the Trump administration.
The administration asserts that the judge’s order to temporarily reinstate Dellinger encapsulates an unacceptable encroachment on executive authority. The brief references the Supreme Court ruling that granted Trump immunity from criminal charges and illustrated a robust interpretation of executive power.
The independent Office of Special Counsel functions distinctly from Justice Department special counsels, like Jack Smith, who are appointed by the attorney general to oversee specific inquiries, including Smith’s criminal investigation of Trump prior to his return to the White House.
Dellinger’s termination represents the latest development in Trump’s extensive initiative to restructure and reduce the federal government, challenging established civil service protections by dismantling federal agencies and removing personnel.