In the first major Supreme Court case involving an order by US President Donald Trump, his legal team has urged the justices to allow him to dismiss Hampton Dellinger, the head of the Office of Special Counsel.

Advertisment

The administration filed an emergency application on Sunday (Feb 16), requesting the court to overturn a lower court’s ruling that temporarily reinstated Dellinger.

Also read: UK's Keir Starmer to meet Trump next week after US freezes Europe out of Ukraine talks

The Office of Special Counsel is an independent agency responsible for protecting government whistleblowers and enforcing certain ethics laws. The role is separate from the special counsel appointed by the Justice Department.

Advertisment

White House: President’s power at stake

In its filing, the administration argued that lower courts should not interfere with the president’s authority to remove agency heads. “This court should not allow lower courts to seize executive power by dictating to the president how long he must continue employing an agency head against his will,” the filing stated. The Supreme Court is expected to decide in the coming days.

This case raises a key constitutional question about whether Congress can restrict a president’s ability to fire leaders of independent agencies, an issue that could shape Trump’s broader efforts to restructure the federal government through mass dismissals.

Advertisment

Also read: Ukraine peace talks LIVE: Europe plays catch-up in Paris as Rubio arrives in Saudi for talks with Russia

Dellinger, who was confirmed by the Senate in 2024, was appointed to a five-year term under a statute that says he can only be removed “for inefficiency, neglect of duty, or malfeasance in office.”

However, he received a one-sentence email on February 7 informing him that he was being terminated immediately, without any said cause.

Court battle over the dismissal

Dellinger challenged his firing in court, and Judge Amy Berman Jackson of the Federal District Court in Washington issued a temporary restraining order allowing him to remain in his position for two weeks while she considered a longer-term ruling.

In her order, Judge Jackson wrote that the law creating Dellinger’s position intended to ensure the office’s independence and protect it from political influence. She noted that the government’s only response was to argue that the statute itself was unconstitutional.

Also read: 'Israel can't do a thing': Tehran slams Netanyahu for vowing to 'finish the job' against Iran with Trump's help

The administration’s attempt to overturn Judge Jackson’s order was then reviewed by a three-judge panel from the US Court of Appeals for the DC Circuit. On Saturday, the panel rejected the government’s emergency motion to block the ruling.

The majority opinion, written by Judges Michelle Childs and Florence Pan, both appointed by President Biden, stated that the government’s request was premature.

“The question here is not whether the president is entitled to prompt review of his important constitutional arguments,” the judges wrote.

“Of course he is. The issue before us is whether his mere claim of extraordinary harm justifies this court’s immediate review, which would essentially remove the legal issues from the district court’s ambit before its proceedings have concluded,” they added.

(With inputs from agencies)