Supreme Court pauses Trump administration’s effort to fire head of whistleblower protection agency

The U.S. Supreme Court on Friday paused the Trump administration’s efforts to dismiss the head of an independent agency charged with investigating whistleblower claims as the president seeks to remake the federal government. 

The decision allows Hampton Dellinger, a Biden appointee, to remain as head of the Office of Special Counsel at least through Feb. 26. The high court kept that deadline in place and won’t take any further action until then.

The Trump administration asked the court to overturn a lower court’s temporary reinstatement of Dellinger. A district court hearing is scheduled to consider whether to extend the pause on Dellinger’s firing. 

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Liberal justices Sonia Sotomayor and Ketanji Brown Jackson voted to outright deny the administration’s request to OK the firing.

Conservative justices Neil Gorsuch and Samuel Alito dissented, saying the lower court overstepped, and they cast doubt on whether courts have the authority to restore to office someone the president has fired. While acknowledging that some officials appointed by the president have contested their removal, Gorsuch wrote in his opinion that “those officials have generally sought remedies like backpay, not injunctive relief like reinstatement.” 

The dispute over Dellinger is the first legal challenge to reach the Supreme Court after several firings under the Trump administration.

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Dellinger sued the Trump administration in Washington, D.C., federal court after his Feb. 7 firing.

“I am glad to be able to continue my work as an independent government watchdog and whistleblower advocate,” Dellinger said in a statement after Friday’s proceedings. “I am grateful to the judges and justices who have concluded that I should be allowed to remain on the job while the courts decide whether my office can retain a measure of independence from direct partisan and political control.”

He has argued that, by law, he can only be dismissed from his position for job performance problems, which were not cited in an email dismissing him from his post.

Trump began his second term in the White House with a flurry of executive orders and directives that have since been targeted by a flood of legal challenges.

Since Jan. 20, dozens of lawsuits have been filed over the administration’s actions, including the president’s birthright citizenship order, immigration policies, federal funding freezes, federal employee buyouts, Elon Musk’s Department of Government Efficiency and legal action against FBI and DOJ employees.