The Trump administration is demanding emergency Supreme Court action to remove the director of the Office of Special Counsel, igniting a whistleblower protections battle days into the president’s second term. New filings reveal federal lawyers seek to overturn a lower court order reinstating Hampton Dellinger, appointed by President Biden to lead the agency safeguarding federal employees from retaliation.
This high-stakes appeal – Trump’s first to the Supreme Court this term – tests presidential authority over quasi-independent agencies. The administration claims retaining Dellinger restricts executive power, citing recent immunity rulings.
No court has ever forced a president to keep an agency head against his will,argued acting Solicitor General Sarah Harris in court documents.
Key developments include:
- A divided appeals court rejected procedural arguments to halt Dellinger’s reinstatement
- The Justice Department warns of 70+ pending lawsuits potentially exploiting this precedent
- Over 1,200 federal employees reportedly dismissed without cause since January
Dellinger’s 2024 Senate confirmation guaranteed a five-year term barring performance issues – grounds the White House hasn’t cited. His legal team contends the firing violates Civil Service Reform Act protections dramatically weakened by recent Trump policies.
This clash marks the latest front in Trump’s government overhaul, following efforts to dismantle agencies like the Departments of Education and Energy. Critics argue dismantling the OSC threatens safeguards against political retaliation dating to the 1978 Civil Service reforms.
The Court’s response – expected as early as Tuesday – could reshape federal employment law and cement Trump’s push for unfettered executive control. With three Trump-appointed justices weighing arguments, this case may define how far presidents can reinterpret statutory constraints on personnel decisions.