By appealing to the Supreme Court, the Trump administration escalated their legal battle over the dismissal of Hampton Dellinger as former director of the Office of Special Counsel. The documents obtained by The Associated Press Dellinger was temporarily reinstated by lower courts after the rulings of the Administration.
Its Significance
D.C. Circuit Court of Appeals divided panel recently rejected the administration’s challenge to a temporary court order protecting Dellinger. Circuit Court of Appeals has recently dismissed the administration’s appeal of a temporary court protection order. Circuit Judges J. Michelle Childs (appointee of President Biden) and Florence Pan (appointee of Trump), voted against the request by the administration. Judge Gregory Katsas dissented.
The case is of great importance, because it examines whether Congress has the authority to protect independent agency leaders from being removed by the president. If the ruling is in favor of administration, it could have a fundamental impact on federal worker protections. In January, during the Trump administration, 17 inspectors were fired, indicating a trend toward consolidating executive power.
OSC is crucial in protecting whistleblowers. It differs from the special counsels at Justice Department, like Jack Smith. The OSC investigates allegations of retaliation by government officials, and ensures accountability and transparency in the federal government.
Dismissal Details and the Legal Challenge
Hampton Dellinger, who was confirmed by Senate in March 2024 for a 5-year term as Deputy Special Counsel under Joe Biden, served from that date. He was fired on February 7th, 2025 when Sergio N. Gor sent him an email stating that:
The President Donald J. Trump has written to you, informing you that the position of Special Counsel of US Office of Special counsel is terminated immediately.
Dellinger responded quickly by filing a federal lawsuit the next Monday against the Trump Administration, asserting that his dismissal was illegal. Dellinger won the case in February 12 when U.S. District Court Judge Amy Berman Jackson temporarily restored him to his job.
This case is a pivotal point in the legal argumentation. Humphrey’s Executor V. United StatesThis precedent established that Congress can protect independent agency leaders from removal by the President without cause. Some conservative Justices of the Supreme Court expressed doubts about this precedent.
The Justice Department referred to the District Court’s ruling as an “unprecedented attack on separation of power.” The Trump administration is facing approximately 70 lawsuits concerning its executive actions. This is one out of three cases that challenge Trump’s right to fire independent agency directors.
The court cautioned, however, that accepting the argument presented by the Administration of “extraordinary injury” may encourage many litigants to file temporary restraining order appeals and overburden the judiciary system.
Viewpoints on the Situation
Hampton Dellinger, former OSC Head, “I have previously stated that I’m thankful to be able to continue to lead the Office of Special Counsel. And, tonight, I will begin my work.”
Earlier, Dellinger The OSC’s efforts are “needed more than ever” in light of “unprecedented civil service terminations.”
Sarah M. Harris is the Acting solicitor general The court argued that “until now, we do not know of any American court which has used an injunction in order to force the President to keep an agency chief whom the president feels should not have executive authority.”
The Future
Supreme Court may decide on appeals as soon as next Tuesday after Presidents Day. Amy Berman Jackson will hold an hearing at 10 am on Friday, February 26, to discuss the potential for imposing a preliminarily injunction. Judge Jackson indicated that a preliminary injunction could be appealed to a superior court.