President Donald Trump has appealed to the Supreme Court to allow him to fire Hampton Dellinger, head of the Office of Special Counsel. Dellinger was appointed by President Joe Biden in 2023 for a five-year term and confirmed by the Senate.
The Office of Special Counsel handles whistleblower retaliation allegations. Trump's administration fired Dellinger on February 7, without citing the reasons for removal stipulated by Congress: inefficiency, neglect of duty, or malfeasance.
The case, Bessent v. Dellinger, could clarify Congress's power to create independent agencies protected from presidential influence. Trump has dismissed officials at independent agencies with similar protections, like the former chair of the National Labor Relations Board and a member of the Merit Systems Protection Board.
Acting Solicitor General Sarah Harris argued that Trump, as head of the executive branch, should be able to fire federal officials at will. Dellinger's case rests on the 1935 precedent, Humphrey's Executor v. US, allowing Congress to require presidents to show cause before dismissing board members of independent agencies.
The US Circuit Court of Appeals for the DC Circuit ruled on Saturday against the appealability of the temporary order allowing Dellinger to remain in his post. The Supreme Court will likely place the appeal on its docket on Tuesday.
Over 60 lawsuits are pending against the Trump administration, including challenges to executive orders and spending freezes approved by Congress. These cases may reach the Supreme Court in the coming weeks.