The Trump administration is urging the Supreme Court to permit the dismissal of Hampton Dellinger, the head of the Office of Special Counsel (OSC), who was recently fired without cause. Dellinger, appointed by President Joe Biden and confirmed by the Senate in 2024, argues his removal violated civil service protections, as he can only be dismissed for job performance issues, none of which were cited. This legal battle surfaced last week when Dellinger filed a lawsuit contesting his removal.
The Office of Special Counsel is an independent federal agency tasked with safeguarding federal employees from illicit personnel actions. Its role is distinct from that of Justice Department special counsels like Jack Smith. Dellinger's unexpected dismissal has sparked controversy, especially as the Trump administration seeks to challenge well-established civil service protections by restructuring federal agencies and ousting staff. The administration contends that reinstating Dellinger, even temporarily, infringes on executive authority.
The Supreme Court's involvement follows a divided appeals court panel's decision not to lift an order reinstating Dellinger for two weeks while the case is considered. This order, issued last Wednesday, remains effective until February 26. The Trump administration's emergency appeal marks the beginning of what is anticipated to be a series of legal challenges aimed at reversing lower court decisions that have impeded President Trump's second-term objectives.
The case will not be docketed until after the Supreme Court returns from the Presidents Day holiday weekend. The justices are unlikely to act before Tuesday at the earliest. The legal proceedings come in light of a previous Supreme Court ruling that granted Trump immunity from criminal prosecution, reflecting a robust interpretation of executive power.