The Supreme Court on Friday ruled that Hampton Dellinger, head of the Office of Special Counsel, can remain in his position at least until February 26, temporarily blocking efforts to remove him.
In an unsigned order, the justices did not take a definitive stance on the Biden administration‘s request to remove Dellinger but instead held the matter in abeyance, as the lower court’s protection order is set to expire in a few days.
The ruling marks the court’s first involvement in the ongoing legal battles surrounding President Donald Trump’s second-term agenda.
The justice department has strongly urged the Supreme Court to allow the removal of Hampton Dellinger, head of the office of special counsel, arguing that a lower court’s decision to block his firing crossed “a constitutional red line.”
In court filings, acting solicitor general Sarah Harris contended that the ruling prevents Donald Trump from shaping executive-branch policy during the crucial early days of his administration.
The office of special counsel, an independent agency tasked with protecting federal employees from unlawful personnel actions, including retaliation against whistleblowers, operates under a mandate that its leader can only be removed by the president for inefficiency, neglect of duty, or malfeasance in office.