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President Donald Trump's administration has petitioned the U.S. Supreme Court to overturn a lower court order blocking the dismissal of Hampton Dellinger, head of the Office of Special Counsel, an independent agency protecting whistleblowers. Appointed by former President Joe Biden, Dellinger's term runs until 2029. He was fired via email on February 7, prompting him to sue, arguing Trump's action exceeded his authority as federal law allows removal only for inefficiency, neglect of duty, or malfeasance.
U.S. District Judge Amy Berman Jackson issued a temporary restraining order on February 12, reinstating Dellinger, stating Trump's dismissal violated federal protections ensuring the Special Counsel's independence. The D.C. Circuit Court of Appeals dismissed the administration's appeal, deeming it premature.
Acting Solicitor General Sarah Harris called the ruling an "unprecedented assault on the separation of powers," urging the Supreme Court to prevent lower courts from overriding presidential authority. The court's conservative majority, including three Trump appointees, may influence the outcome.
Dellinger's lawsuit highlighted the critical role of the Office of Special Counsel in protecting civil servants and investigating misconduct, particularly after numerous federal employees were recently terminated without cause. The office also enforces the Hatch Act, restricting political activities by federal employees.
This case underscores Trump's broader efforts to reshape the federal government by removing independent agency heads, following last month’s dismissal of 17 inspectors general without explanation. The Supreme Court's decision could have significant implications for executive power and federal employee protections.
