The Trump administration has asked the U.S. Supreme Court to intervene in its effort to remove the head of an independent agency that safeguards government whistleblowers, marking the administration’s first legal challenge before the nation’s highest court since Donald Trump took office in January.
The Justice Department filed a request for the court to lift a February 12 order by a federal judge that temporarily blocked Trump from dismissing Hampton Dellinger, head of the Office of Special Counsel, while legal proceedings continue. Reuters reviewed a copy of the filing on Sunday.
This case could provide insight into how the Supreme Court may respond to Trump’s broader efforts to reshape the federal government, including the removal of leaders from independent agencies. The court’s 6-3 conservative majority includes three justices appointed by Trump during his first term.
Acting Solicitor General Sarah Harris called the judge’s order halting the termination an “unprecedented assault on the separation of powers.” In the filing, she argued, “This court should not permit lower courts to usurp executive authority by dictating how long the President must retain an agency head against his will.”
Hampton Dellinger, appointed by former President Joe Biden, was serving a five-year term set to end in 2029. He filed a lawsuit after receiving a February 7 email notifying him that Trump had removed him from his position as head of the watchdog agency, effective immediately.
