Trump Administration Seeks Supreme Court Approval to Fire Whistleblower Agency Head
The Trump administration has filed an emergency appeal to the Supreme Court, seeking permission to fire Hampton Dellinger, the head of the Office of Special Counsel (OSC), an independent federal agency tasked with protecting whistleblowers.
Key Points:
The administration wants to lift a judge’s order that temporarily reinstated Dellinger after his firing. This marks the first appeal to the Supreme Court since Trump took office for his second term. The case highlights ongoing tensions between the administration and independent agencies.
Background:
Hampton Dellinger was nominated by former President Joe Biden in 2023 and confirmed by the Senate for a five-year term set to expire in 2029. The OSC is responsible for investigating whistleblower disclosures and enforcing laws that protect federal employees from prohibited personnel practices, particularly retaliation for whistleblowing.
The Controversy:
On February 7, 2025, Dellinger received an email from the White House Presidential Personnel Office informing him that his position was “terminated, effective immediately.” Dellinger argues that this firing violates federal law, which states that the special counsel can only be removed by the president for “inefficiency, neglect of duty, or malfeasance in office.”
Legal Challenge:
Dellinger has filed a lawsuit in federal court, claiming his dismissal was unlawful. The complaint names six defendants, including President Trump and other administration officials. Dellinger is seeking a court declaration that his firing was illegal and an affirmation of his position as head of the OSC.
Broader Context:
This case is part of a larger pattern of removals by the Trump administration that appear to challenge federal regulations:
1. National Labor Relations Board member Gwynne Wilcox was fired and has sued over her dismissal.
2. Two Democratic members of the Equal Employment Opportunity Commission were removed.
3. Federal Election Commission Commissioner Ellen Weintraub claims Trump attempted to remove her improperly.
4. Over a dozen inspectors general who perform oversight duties at various federal agencies were purged during Trump’s previous term.
Potential Impact:
The outcome of this case could have significant implications for the independence of federal agencies and the protection of whistleblowers. The Project on Government Oversight, a watchdog group, has called the move against Dellinger “illegal” and warned that it “undermines the office that investigates whistleblower disclosures of wrongdoing and enforces the law meant to keep partisan politics out of the federal workforce.”
Next Steps:
The Supreme Court is not expected to act on the case until Tuesday at the earliest, following the Presidents Day holiday weekend. The justices’ response to this appeal could provide insights into how the conservative-dominated court, which includes three justices nominated by Trump during his first term, will approach cases involving the current administration.
This case raises important questions about the balance of power between the executive branch and independent federal agencies, as well as the protections afforded to civil servants and whistleblowers. As the legal battle unfolds, it will likely continue to draw attention from both sides of the political aisle and those concerned with government accountability and transparency.
