The Trump Administration Asks the U.S. Supreme Court to Remove an Agency Head

The Trump administration has asked the U.S. Supreme Court to step in and resolve a legal matter involving its effort to remove the head of an independent U.S. agency that protects government whistleblowers. This represents the first legal challenge related to President Trump’s actions to reach the nation’s highest court since he assumed office in January.
According to the filing, the Justice Department has allegedly requested that the Supreme Court lift a temporary order issued by a federal judge on February 12, which blocked Trump’s decision to remove Hampton Dellinger from his role as head of the Office of Special Counsel. The case is still pending docketing by the Court.
This case may provide an early indication of how the Supreme Court could address the broader issues related to President Trump’s efforts to reshape the federal government, including his actions to replace leaders of independent agencies. With a 6-3 conservative majority, which includes three justices appointed by Trump, the Court’s perspective on such matters could have significant implications.
In the filing, Acting Solicitor General Sarah Harris allegedly argued that the judge’s decision to temporarily block Dellinger’s removal represents an overstep in the separation of powers. She emphasized that it should not be the role of lower courts to dictate the President’s decisions regarding the employment of agency heads.
Dellinger, appointed by former President Joe Biden, was serving a five-year term set to end in 2029. He filed a lawsuit after receiving an email on February 7 informing him of his immediate removal. In his lawsuit, Dellinger contends that the President exceeded his authority, as federal law permits the removal of an agency head only for reasons such as inefficiency, neglect of duty, or malfeasance.
Dellinger’s legal complaint underscores the importance of the Special Counsel’s office in safeguarding civil service employees and investigating misconduct, especially given the recent increase in federal employees being terminated without cause.
On February 12, U.S. District Judge Amy Berman Jackson issued a temporary restraining order, reinstating Dellinger to his position while the case proceeds. Judge Jackson expressed confidence that Dellinger would likely prevail, noting that Trump’s attempt to remove him without cause could be seen as inconsistent with the legal protections afforded to the Special Counsel’s office under federal law.
The D.C. Circuit Court of Appeals rejected the administration’s appeal on Saturday, stating that the appeal was premature, as Judge Jackson’s order remains temporary.
The Office of Special Counsel plays a critical role in protecting whistleblowers and investigating potential misconduct within federal agencies. It also enforces the Hatch Act, which places limits on political activities by federal employees.
This attempt to remove Dellinger follows a broader pattern of actions by the Trump administration to dismiss officials who oversee investigations into potential wrongdoing within the federal government. Last month, President Trump dismissed 17 inspectors general, who serve as independent watchdogs, without providing a clear explanation.