By Andrew Chung and John Kruzel
WASHINGTON (Reuters) – The U.S. Supreme Court declined on Friday to let Donald Trump immediately fire the head of a federal watchdog agency after a judge’s order had temporarily blocked the Republican president from ousting the official.
The court postponed action – for now – on the Justice Department’s request to lift a the judge’s February 12 order that had temporarily blocked Trump’s removal of Hampton Dellinger as head of the Office of Special Counsel while litigation continues in the dispute. The independent agency protects government whistleblowers.
The court said it was postponing action on the department’s request until February 26 when a temporary restraining order issued by Washington-based U.S. District Judge Amy Berman Jackson is set to expire. Jackson issued a temporary restraining order on February 12, restoring Dellinger to his position pending a further order.
The case marked the first legal battle involving Trump’s actions to reach the top U.S. judicial body since he returned to the presidency in January. The court’s 6-3 conservative majority includes three justices appointed by Trump during his first term in office.
Dellinger’s lawsuit challenging his firing said Trump exceeded his powers as president in moving to dismiss him, given that federal law permits removal from the post only for “inefficiency, neglect of duty or malfeasance in office.”
Appointed by Democratic former President Joe Biden, Dellinger’s five-year term was set to expire in 2029. Dellinger sued after receiving an email on February 7 informing him that Trump had fired him “effective immediately,” offering no reasons for the decision.
Trump has quickly moved to reshape the federal government, dismissing or reassigning hundreds of officials, issuing an order that could make it easier to fire thousands of civil servants, and removing heads of independent agencies.
Signaling an intent to assert sweeping presidential authority, the Justice Department had characterized the judge’s action as an “unprecedented assault” on the separation of powers laid out in the U.S. Constitution among the government’s executive, legislative and judicial branches.
“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,” Acting Solicitor General Sarah Harris told the justices in a filing.
The Office of Special Counsel’s “ability to protect the civil service and investigate alleged misconduct is needed now more than ever,” Dellinger’s lawsuit said. “Over the preceding three weeks, an unprecedented number of federal employees with civil service protections have been terminated without cause.”
Jackson said that the effort to fire Dellinger without cause “plainly contravenes” the job protections under federal law and “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.”
(Reporting by John Kruzel; Editing by Will Dunham)
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