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The Trump administration is set to petition the U.S. Supreme Court in an effort to reverse a recent lower court ruling that mandated the reinstatement of a government ethics overseer following his dismissal by the president.

Hampton Dellinger, who heads the Office of Special Counsel, an agency focused on whistleblower protections, initiated legal action against the Trump administration after his termination this month.

A district court judge ruled that Dellinger, appointed by President Biden, should be temporarily reinstated while legal matters are resolved. However, a panel from the U.S. Circuit Court of Appeals in Washington, D.C., rejected the Trump administration’s appeal against this ruling on procedural grounds.

The Justice Department is preparing to escalate the issue to the Supreme Court, seeking its assistance to keep Dellinger from resuming his role throughout the litigation process, as indicated in a document shared by a Justice Department official. This application has not yet been officially registered with the Supreme Court.

The petition claims that the actions of lower courts have hindered President Donald Trump’s capacity to lead the executive branch. It emphasizes that “restricting his ability to perform these duties causes significant harm to the Executive Branch and undermines the principle of separation of powers.”

“The United States requests this Court’s intervention as these judicial decisions have irreparably damaged the presidency by restricting the President’s capacity to direct the Executive Branch in the early stages of his Administration,” the document states, signed by acting Solicitor General Sarah M. Harris.

Additionally, the Justice Department asserts that filings from lower courts in various cases “intrude upon a range” of President Trump’s constitutional authority.

“This Court must not permit the judiciary to govern through temporary restraining orders and undermine the political accountability established by the Constitution,” the petition argues.

In his lawsuit filed this month, Dellinger argued that his termination was unlawful.

“This email did not comply with the Special Counsel’s requirement for dismissal with cause,” stated the lawsuit. “It simply asserted: ‘On behalf of President Donald J. Trump, I am writing to inform you that your position as Special Counsel of the US Office of Special Counsel is terminated, effective immediately.’”

The Trump administration’s widespread firings and efforts to downsize the federal government have garnered support from fiscal conservatives but faced criticism from Democrats, labor unions, and progressive organizations as unlawful.

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