The Trump administration submitted an emergency appeal to the U.S. Supreme Court, requesting permission to move forward with the termination of Hampton Dellinger, the Office of Special Counsel (OSC) director, whose mission is to defend federal whistleblowers. The appeal is the first one submitted to the Supreme Court in Trump’s second term, and it could be the start of a wave of lawsuits by the administration to overturn lower-court rulings that have obstructed its agenda.
Dellinger, who was nominated by President Joe Biden and confirmed by the Senate in 2024 to serve a five-year term, sued after being removed from the OSC, alleging the termination was unlawful. Under the law, federal law states that Dellinger could only be removed on grounds of performance, none of which were stated in the notice of removal. A lower court temporarily reinstated him, an order extending until February 26. Nevertheless, the Trump administration contends the court’s order infringes on the president’s constitutional authority to take such personnel actions.
The Justice Department’s appeal, which was leaked to The Associated Press, presses the Supreme Court to overturn the order reinstating Dellinger because no court has ever compelled a president to keep an agency administrator. The Trump administration has repeatedly argued that certain federal jobs, such as positions in the OSC, are properly subject to presidential discretion, using previous decisions broadening executive power.
Dellinger’s termination comes on the heels of the Trump administration’s continued attempts to reorganize the federal government through the reduction of agencies and the elimination of staff. The OSC, responsible for the safeguarding of federal employees from retaliation, such as whistleblowers, has been criticized with a growing number of removals of civil service workers under the Trump administration.
The Supreme Court will likely review the case following the Presidents Day holiday, but it is unknown how the court, which boasts three Trump-appointed justices, will decide. Experts in the field of law estimate that this case may have deep implications for the powers of the president in the future and federal employee protection.
