The Trump administration has appealed to the Supreme Court to permit firing Hampton Dellinger, head of the Office of Special Counsel (OSC), documents obtained by The Associated Press show.
Newsweek reached out to Dellinger and the White House via email on Sunday for comment.
Why It Matters
A divided D.C. Circuit Court of Appeals voted 2-1 late Saturday to reject the administration’s challenge to a temporary court order protecting Dellinger. Two Biden appointees, Circuit Judges J. Michelle Childs and Florence Pan, voted to dismiss the request, while U.S. Circuit Judge Gregory Katsas, a Trump nominee, supported it.
The case tests Congress‘s power to shield independent agency heads from presidential removal and could reshape federal workforce protections. In January, Trump dismissed 17 inspectors general as part of a broader effort to consolidate executive power.
The OSC, which is separate from Justice Department special counsels like Jack Smith, plays a crucial role in protecting federal whistleblowers and investigating retaliation claims against government employees.
What To Know
Dellinger served as Special Counsel from March 6, 2024, through February 7, 2025, following Senate confirmation to a five-year term under former President Joe Biden. His dismissal came through an email from Sergio N. Gor, Director of Presidential Personnel Office, stating immediate termination:
“On behalf of President Donald J. Trump, I am writing to inform you that your position as Special Counsel of the US Office of Special Counsel is terminated, effective immediately.”
The following Monday, Dellinger sued the Trump administration in federal court, arguing that his dismissal was illegal. On February 12, U.S. District Judge Amy Berman Jackson temporarily reinstated Dellinger.
The case centers on a 1935 Supreme Court precedent, Humphrey’s Executor v. United States, which permitted Congress to protect independent agency leaders from removal without cause. Several conservative Supreme Court justices have recently questioned this precedent.
The Justice Department describes the district court’s ruling as an “unprecedented assault on the separation of powers.” This represents one of three current lawsuits challenging Trump’s authority to remove independent agency heads.
The administration currently faces approximately 70 lawsuits over various executive actions. The appeals court warned that accepting the administration’s argument about extraordinary harm would encourage many litigants to appeal temporary restraining orders.
What People Are Saying
OSC Head Hampton Dellinger said in a previous statement: “I am grateful to have the opportunity to continue leading the Office of Special Counsel and I am resuming my work tonight.”
Earlier, Dellinger noted the office’s work was “needed now more than ever” citing “unprecedented” civil service firings.
Acting Solicitor General Sarah M. Harris said in a statement: “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 whom the president believes should not be entrusted with executive power.”
What Happens Next
With Monday being Presidents Day, the Supreme Court could act on the appeal as early as Tuesday. Judge Jackson will hold a hearing on February 26 at 10:00am to consider imposing a preliminary injunction. She has said that if imposed, the preliminary injunction could be appealed to a higher court.
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