The Supreme Court ruled on Friday to stop President Donald Trump from immediately firing the head of an independent agency that investigates whistleblower claims. This decision means Hampton Dellinger can stay in his position until at least the middle of next week.
The Court’s decision came after Trump asked for an emergency ruling, but the justices decided not to back his request. Dellinger, who was appointed by President Joe Biden in 2024, was fired by the White House just days after Trump returned to office. Dellinger leads the Office of Special Counsel, which investigates retaliation against whistleblowers.
This case is one of many legal battles Trump is facing since returning to the White House, including issues with immigration, executive actions, and firings. The Court’s order put the case on hold until February 26, when a temporary court order blocking Dellinger’s dismissal is set to expire. A lower court will decide if the pause should continue.
The Supreme Court’s decision did not fully resolve the case, meaning it could come back to the Court soon. Four justices disagreed with the decision, including two conservatives and two liberals.
The case revolves around a temporary order from a lower court that paused Dellinger’s dismissal. The Supreme Court avoided ruling on whether that order should be blocked. Steve Vladeck, a legal expert, explained that the Court likely wanted to avoid setting a precedent that would allow too many emergency requests based on temporary orders.
Conservative justices Neil Gorsuch and Samuel Alito disagreed with the ruling, arguing that the lower court did not consider enough legal history when it ordered Dellinger’s reinstatement. On the other hand, liberal justices Sonia Sotomayor and Ketanji Brown Jackson did not explain their reasoning.
Dellinger expressed relief after the ruling, saying, “I am glad to be able to continue my work as an independent government watchdog and whistleblower advocate.” He thanked the judges for allowing him to stay in the job while the courts decide whether his office can remain free from political influence.
The case raises bigger questions about Trump’s power to fire officials who have protections from being removed without cause. These issues will likely return to the Supreme Court in the near future.
The Office of Special Counsel, led by Dellinger, investigates whistleblower retaliation involving federal employees. The agency was created in the 1970s, and federal law protects its leader from being removed unless there’s inefficiency, neglect of duty, or misconduct. However, Dellinger was fired on February 7 without any of these reasons being cited.
The case could have major implications for Trump’s control over other independent agencies, like the Federal Trade Commission and the Federal Reserve. A group of law professors recently warned the Supreme Court that its decision could affect how independent agencies operate, especially the Federal Reserve, which makes important decisions about the economy. During his first term, Trump pushed the Federal Reserve to lower interest rates, which could boost his popularity but also lead to higher inflation.
Dellinger’s case began when a federal district court issued a temporary order blocking Trump’s attempt to fire him. The Justice Department appealed, but a US Court of Appeals panel ruled that the temporary order was not appealable. The majority of the panel’s judges were appointed by President Biden, but one judge appointed by Trump disagreed, siding with the government’s request.
