The judge’s decision to prevent the dismissal is described in the filing as a “unprecedented assault on the separation of powers.”
In its attempt to remove the leader of an independent US agency that defends government whistleblowers, President Donald Trump’s administration has asked the US Supreme Court to step in. This is the first case involving Trump’s actions to reach the country’s highest court since he took office in January.
According to a copy of the filing seen by the Reuters news agency on Sunday, the Justice Department requested that the court immediately overturn a February 12 order by a federal judge that temporarily barred Trump from firing Hampton Dellinger as the head of the Office of Special Counsel while the case is still pending.
The case may provide an early indication of the Supreme Court’s stance on Trump’s efforts to restructure the federal government, including the removal of independent agency heads.
Trump appointed three justices to the court during his first term in office, and the court has a conservative majority of 6-3.
Acting Solicitor General Sarah Harris stated in the filing that the judge’s decision to prevent the termination is a “unprecedented assault on the separation of powers.”
“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,” concluded Harris.
Dellinger was appointed by former President Joe Biden and served for five years, ending in 2029. On February 7, he was notified via email that Trump had dismissed him from his position as watchdog, “effective immediately.” He then filed a lawsuit.
“Canceled without cause”
According to Dellinger’s lawsuit, Trump overreached himself by allegedly dismissing him, as removal is only permitted by federal law for “inefficiency, neglect of duty, or malfeasance in office.”
According to Dellinger’s lawsuit, the Special Counsel’s “ability to protect the civil service and investigate alleged misconduct is needed now more than ever.” “Over the preceding three weeks, an unprecedented number of federal employees with civil service protections have been terminated without cause.”
In Washington, DC, US District Judge Amy Berman Jackson issued a temporary restraining order on February 12 that put Dellinger back in his job until a new preliminary order was issued.
Given that the attempt to terminate Dellinger without providing a reason “plainly contravenes” the Special Counsel’s job rights under federal law, Jackson predicted that Dellinger would win the lawsuit.
“This language expresses Congress’s clear intent to ensure the independence of the Special Counsel and insulate his work from being buffeted by the winds of political change,” Jackson stated in the order.
In a 2-1 ruling on Saturday, the US Circuit Court of Appeals for the District of Columbia dismissed the administration’s appeal, stating that it was premature because Jackson’s injunction was only temporary.
The Special Counsel Office looks into claims of retaliation and permits whistleblowers to reveal information regarding suspected wrongdoing in government agencies. Additionally, it upholds the Hatch Act, a US legislation that restricts government employees’ ability to participate in politics.
Dellinger’s dismissal was the most recent step in Trump’s massive attempt to restructure and reduce the size of the federal government, pushing out employees and dismantling federal agencies in an attempt to test the limits of long-standing civil service protections.
Justice Department special counsels like Jack Smith, who are chosen by the attorney general for particular investigations—like Smith’s criminal probe of Trump prior to his return to the White House—are distinct from the independent Office of Special Counsel.
