The Trump administration wants the Supreme Court to permit the firing of the head of the federal agency dedicated to protecting whistleblowers, according to documents obtained Sunday that would mark the first appeal to the justices since President Donald Trump took office.
The emergency appeal is the start of what probably will be a steady stream from lawyers for the Republican president and his administration seeking to undo lower court rulings that have slowed his second-term agenda.
President Trump is seeking to remove a Biden-appointed official from the Office of Special Counsel, but lower courts have temporarily blocked the move. Now, the Supreme Court will decide whether the president has the authority to dismiss officials from past administrations.
Key Facts:
- The Justice Department has asked the Supreme Court to lift a lower court’s order reinstating Hampton Dellinger as head of the Office of Special Counsel.
- Dellinger, appointed by former President Joe Biden, claims he can only be removed for cause, which was not cited in his dismissal.
- A divided appeals court panel refused to lift the order, which expires on February 26.
- The Supreme Court will not act before Tuesday, as the case will be docketed after Presidents Day weekend.
- Trump’s administration argues that reinstating Dellinger undermines executive authority and disrupts efforts to reshape the federal workforce.
The Rest of The Story:
President Trump’s administration is moving to reshape the federal government, including removing holdovers from the previous administration.
One of these removals was Hampton Dellinger, who led the Office of Special Counsel, a body responsible for investigating whistleblower retaliation and improper personnel actions.
Dellinger sued, arguing his firing was unlawful under federal protections that require cause for dismissal.
A lower court ordered his temporary reinstatement, prompting the Justice Department to appeal to the Supreme Court.
NEW: The Trump administration has asked the Supreme Court to vacate a D.C. judge's order reinstating Hampton Dellinger as head of the U.S. Office of Special Counsel. The D.C. Circuit refused to do so yesterday. #SCOTUS
Full application: https://t.co/l8j78aqyJa pic.twitter.com/JCBWkdp9mA— Katie Buehler (@bykatiebuehler) February 16, 2025
The administration contends that allowing Dellinger to remain in office limits the president’s constitutional authority to choose his own leadership team.
Commentary:
Lower courts appear determined to obstruct President Trump’s efforts to bring accountability and reform to Washington.
Despite his clear constitutional authority, judges are imposing restrictions on his ability to remove officials from key agencies.
This case is another example of bureaucrats attempting to insulate themselves from the oversight of an elected president.
The Office of Special Counsel plays an important role in monitoring personnel actions, but that does not mean it should be immune from executive control.
If a president cannot remove officials appointed by his predecessor, it effectively limits the power of the electorate to bring change through elections.
There is also a broader issue at play: the expansion of civil service protections that make it nearly impossible to remove entrenched bureaucrats.
Presidents must have the ability to consolidate, streamline, and reform agencies to reflect their policy priorities.
Otherwise, the government becomes an unelected fourth branch that operates beyond voter accountability.
If the Supreme Court sides with Trump, it will reaffirm that the president has the authority to direct the executive branch as intended by the Constitution.
If it rules otherwise, it will further empower bureaucrats and judges to slow-walk or outright block reforms sought by elected leaders.
The Bottom Line:
President Trump is facing judicial pushback over his authority to remove a Biden-era official.
The Supreme Court’s decision will be critical in determining whether a sitting president has the power to implement his agenda by reshaping the executive branch.
A ruling in Trump’s favor would reinforce his ability to govern, while a decision against him could further entrench bureaucratic resistance.
Read Next
Donald Trump Gets The Last Laugh Over His Now Famous ‘Mugshot’
RFK Jr. Announces His Top Priority as HHS Secretary Right After Being Sworn In