The Supreme Court on Friday temporarily allowed the head of the federal agency protecting whistleblowers to remain in his position. It was the first time the high court weighed in during President Donald Trump’s second term.
The Context
Hampton Dellinger, the head of the Office of Special Counsel, catapulted into the limelight earlier this month when he sued the Trump administration after Trump fired him.
Dellinger accused the Trump administration of terminating him without citing “inefficiency, neglect of duty, or malfeasance in office.”
What To Know
After Dellinger filed his lawsuit, a federal court issued a temporary restraining order reinstating him pending further legal proceedings.
His case highlights the ongoing battle between Trump officials and federal workers who allege that the president is running afoul of the law by firing them without cause.
The special counsel is one of hundreds of federal officials the Trump administration has attempted to fire or has successfully ousted since the president took office last month. A number of labor unions and other groups representing federal government employees have since sued the administration, alleging that the firings were illegal and politically motivated.
In an unsigned order on Friday, the Supreme Court said it would not interfere with a lower court’s temporary order keeping Dellinger in his position until at least February 26.
The high court did not grant or deny the administration’s request to remove Dellinger immediately. Instead, it deferred action, noting that the lower court’s order would lapse in a few days, leaving the matter unresolved for now.
Justice Ketanji Brown Jackson and Sonia Sotomayor voted to deny the Trump administration’s request to approve Delliger’s firing. Justices Neil Gorsuch and Samuel Alito, meanwhile, said they would have voted to wipe the ruling reinstating Dellinger.
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What People Are Saying
U.S. District Judge Amy Berman Jackson wrote in her February 12 decision reinstating Dellinger: “Defendants imply that it would be too disruptive to the business of the agency to have Special Counsel Dellinger resume his work. But any disruption to the work of the agency was occasioned by the White House.”
“It’s as if the bull in the china shop looked back over his shoulder and said, ‘What a mess!'” she wrote.
What Happens Next
The temporary order reinstating Dellinger expires on February 26. It remains to be seen if he will remain in his position beyond that.
Reporting by The Associated Press contributed to this story.
