In a significant legal maneuver, President Donald Trump’s administration has petitioned the U.S. Supreme Court to permit the removal of Hampton Dellinger, the head of the Office of Special Counsel (OSC), an independent agency dedicated to safeguarding government whistleblowers. This marks the first major legal appeal of Trump’s second term, highlighting the administration’s intent to assert control over federal agencies.
The Justice Department’s emergency petition, filed by Acting Solicitor General Sarah Harris, requests the immediate lifting of a federal judge’s February 12 order that temporarily reinstated Dellinger. The administration contends that the judge’s intervention represents an “unprecedented assault on the separation of powers,” arguing that the President should have the authority to remove agency heads at will.
Hampton Dellinger, appointed by former President Joe Biden, was slated to serve a five-year term set to expire in 2029. On February 7, he received an abrupt email notification of his termination, prompting him to file a lawsuit challenging the legality of his dismissal. Dellinger’s suit asserts that his removal lacked the requisite cause, as federal law stipulates that the Special Counsel can only be dismissed for “inefficiency, neglect of duty, or malfeasance in office.”
U.S. District Judge Amy Berman Jackson, presiding in Washington, D.C., issued a temporary restraining order on February 12, reinstating Dellinger pending further legal proceedings. Judge Jackson noted that the administration’s attempt to remove Dellinger without citing specific cause “plainly contravenes” the statutory protections designed to ensure the Special Counsel’s independence from political influence.
The Trump administration’s appeal to the Supreme Court underscores a broader effort to reshape the federal government by removing officials perceived as obstacles to its agenda. Notably, in January, the administration dismissed 17 inspectors general—independent watchdogs responsible for overseeing federal agencies—without providing explicit reasons for their removal.
Critics argue that these actions undermine the integrity of governmental oversight and erode protections for whistleblowers. The OSC plays a crucial role in allowing federal employees to report misconduct without fear of retaliation and in enforcing the Hatch Act, which restricts political activities of federal employees.
Dellinger’s lawsuit emphasizes the heightened need for an independent Special Counsel, especially amid a surge of terminations of federal employees with civil service protections.
The Supreme Court, currently holding a 6-3 conservative majority including three justices appointed during Trump’s first term, faces a pivotal decision. The outcome could set a precedent regarding the extent of presidential authority over independent agencies and the durability of statutory protections afforded to their leaders.
As the legal battle unfolds, it raises critical questions about the balance of power between the executive branch and independent oversight bodies, as well as the future of whistleblower protections within the federal government.
