The U.S. Supreme Court is set to decide whether President Donald Trump can remove Hampton Dellinger, the head of the Office of Special Counsel. This marks the first major Supreme Court case involving a direct order from Trump.
The administration filed an emergency request on Sunday, urging the justices to overturn a lower court's decision that temporarily reinstated Dellinger. The ruling blocks Trump's move to fire the official, raising constitutional questions about presidential authority over independent agencies.
White House Calls It a Presidential Power Issue
The Office of Special Counsel is an independent agency tasked with protecting whistleblowers and enforcing ethics laws. It is different from the special counsels appointed by the Justice Department.
In its filing, the White House argued that courts should not interfere with the president's authority to remove agency heads. "This court should not allow lower courts to seize executive power by dictating to the president how long he must continue employing an agency head against his will," the administration stated.
The Supreme Court is expected to rule on the matter soon. The case could impact Trump's broader efforts to reshape the federal government through large-scale dismissals.
Dispute Over Dellinger's Firing
Dellinger was confirmed by the Senate in 2024 for a five-year term. The law states that he can only be removed for "inefficiency, neglect of duty, or malfeasance in office."
However, on February 7, he received a brief email notifying him of his immediate termination. No reason was provided.
Dellinger challenged the decision in court. Federal Judge Amy Berman Jackson issued a temporary restraining order allowing him to remain in his role for two weeks while considering a longer ruling.
Legal Arguments in the Case
Judge Jackson emphasized that Congress intended the Office of Special Counsel to be independent and protected from political interference. The administration countered that the law limiting the president's ability to fire agency heads is unconstitutional.
The government then appealed to the U.S. Court of Appeals for the D.C. Circuit. On Saturday, a three-judge panel rejected the administration's request to block Judge Jackson's ruling.
Court of Appeals Denies Trump's Request
Judges Michelle Childs and Florence Pan, both appointed by President Biden, ruled against the government's emergency request.
"The question here is not whether the president is entitled to prompt review of his important constitutional arguments. Of course he is," the judges wrote.
"The issue before us is whether his mere claim of extraordinary harm justifies this court's immediate review, which would essentially remove the legal issues from the district court's ambit before its proceedings have concluded," they added.
The Supreme Court's decision will determine the extent of presidential power over independent agencies and could have far-reaching consequences for federal governance.
