The Trump administration has petitioned the Supreme Court to uphold the removal of Hampton Dellinger, the head of the Office of Special Counsel (OSC), in what marks Trump’s first appeal of his new term and a major test of his conflict with the judiciary.
Dellinger, who led the independent federal agency that protects whistleblowers, is among several fired government watchdogs suing the administration, claiming their dismissals were illegal and demanding reinstatement.
The Office of Special Counsel (OSC) serves as a secure channel for federal employees to report government wrongdoing. It also enforces the Hatch Act, a 1939 law ensuring federal programs remain nonpartisan, and investigates violations of merit-based employment protections, including cases of racial discrimination, nepotism, and coerced political activity.
Dellinger has called his agency’s mission "more crucial than ever", citing an unprecedented wave of firings under Trump’s administration, many without explanation, targeting federal employees with civil service protections.
On Wednesday, U.S. District Judge Amy Berman Jackson issued an order reinstating Dellinger pending a February 26 hearing, ruling that the 1978 law creating the OSC was meant to insulate the office from political influence.
According to that law, the special counsel can only be removed by the president for inefficiency, neglect of duty, or malfeasance.
Dellinger’s dismissal was delivered via a single-sentence email, without any stated cause, prompting him to challenge its legality.
The Trump Justice Department has now asked the Supreme Court to overturn Jackson’s ruling, arguing that allowing a federal judge to reinstate an agency head for two weeks constitutes an unconstitutional check on presidential authority.
“Until now, as far as we are aware, no court in American history has wielded an injunction to force the president to retain an agency head,” wrote Sarah M. Harris, Trump’s acting solicitor general, in a legal brief obtained by the Associated Press on Sunday.
The case is unlikely to be docketed until after the Presidents’ Day weekend, meaning the justices may not respond before Tuesday.
The Trump administration further warned that if Jackson’s ruling is upheld, it could "embolden judges" to intervene in dozens of other lawsuits challenging Trump’s ongoing purge of federal officials.
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