Trump Asks Supreme Court to Fire Whistleblower Protection Chief

WASHINGTON, D.C. — President Donald Trump has filed an emergency appeal to the U.S. Supreme Court to overturn a federal court ruling that prevents him from firing Hampton Dellinger, the head of the Office of Special Counsel (OSC), which protects whistleblowers in the federal government. This legal battle highlights ongoing tensions between the executive branch and the judiciary over the independence of federal agencies.

Dellinger, appointed by President Joe Biden and confirmed by the Senate in early 2023, was dismissed via a one-sentence email on February 7, 2025. The email did not cite any of the conditions under which an OSC director can be removed, which, according to the law, are inefficiency, neglect of duty, or malfeasance.

Judge Amy Berman Jackson of the U.S. District Court temporarily reinstated Dellinger, asserting that allowing the Trump administration to proceed with the dismissal would undermine the law intended to maintain the independence of the OSC. “The language of the 1978 law expresses Congress’s clear intent to ensure the independence of the special counsel and insulate his work from being buffeted by the winds of political change,” Jackson wrote.

In the emergency appeal, Acting Solicitor General Sarah M. Harris argued that if the ruling against Trump stands, it could set a concerning precedent for the separation of powers. “Until now, as far as we are aware, no court in American history has wielded an injunction to force the president to retain an agency head,” Harris stated.

The OSC, established during the Carter administration, is tasked with investigating and prosecuting allegations of civil service law violations, providing a conduit for federal employees to report wrongdoing without fear of retaliation. Dellinger has emphasized that this role is particularly crucial given the high number of recent firings within the federal workforce.

“I could not be more proud of all we have accomplished,” Dellinger stated in a recent interview. “The agency’s work has earned praise from advocates for whistleblowers, veterans, and others. The effort to remove me has no factual nor legal basis, meaning it is illegal.”

The case arrives at the Supreme Court at a critical juncture for both Trump and the OSC. The justices have not yet indicated if they will hear the appeal, but their decision could have far-reaching consequences for the authority Presidents wield over independent federal agencies. Furthermore, Trump’s removal of Dellinger reflects his broader agenda of reshaping the federal workforce, including the dismissal of multiple inspectors general.

The Supreme Court has requested a response from Dellinger by 2 p.m. ET, and a ruling may come as soon as the court returns from the Presidents’ Day holiday next week. Legal observers are particularly attentive to how the conservative-majority court may navigate this challenge to executive power, especially considering past rulings that hint at their willingness to limit congressional authority over independent agencies.

“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,” Harris asserted in her appeal.