Donald Trump's admin appeals to Supreme Court to fire head of federal agency that protects whistleblowers

US President Donald Trump's administration has taken its legal battle over the dismissal of a top federal whistleblower protection official to the Supreme Court, hoping to overturn a lower court's ruling that temporarily reinstated him, reports Fox News.

In an emergency appeal filed on Sunday, the administration is seeking to prevent Hampton Dellinger from resuming his role as head of the Office of Special Counsel. Dellinger was appointed by former President Joe Biden and was dismissed by the Trump administration on February 7. However, a lower court judge ordered his reinstatement, ruling that he could only be removed for job performance issues—none of which were cited in his dismissal.

Dellinger’s legal team argues that his removal was unlawful, as it did not cite performance issues. He filed a lawsuit in federal court after his dismissal, challenging the decision. Dellinger has maintained that the law states he can only be dismissed for problems with the performance of his job, and no such issues were mentioned in the email dismissing him.

The department of justice now wants the high court to lift the judge’s order and prevent Dellinger from returning to his post. The appeal came shortly after an appeals court refused to lift the reinstatement order, citing procedural grounds. The order is set to expire on February 26, but with the Supreme Court now involved, the case could be expedited.

The Trump administration has argued that reinstating Dellinger wrongly restricts the president’s power, citing a previous Supreme Court decision that granted Trump immunity from criminal prosecution. Acting Solicitor General Sarah M. Harris wrote, "Until now, as far as we are aware, no court in American history has wielded an injunction to force the president to retain an agency head."

This legal action marks just one of many the Trump administration has faced since Inauguration Day. Legal experts predict that a significant number of these cases will eventually reach the Supreme Court. "President Trump is certainly being aggressive in terms of flexing executive power, and not at all surprised that these are being challenged," said John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation.

The Trump administration's legal battles have primarily unfolded in courts in more liberal-leaning jurisdictions, including Washington DC and the Ninth and First Circuits, where rulings tend to be more progressive.

Since starting his second term on January 20, Trump has issued several executive orders and directives, many of which have faced legal challenges. These include issues related to birthright citizenship, immigration, federal employee buyouts, and actions involving Elon Musk’s Department of Government Efficiency (DOGE). Recently, a federal judge in Rhode Island ordered the administration to release frozen federal funds, but the appeal was denied.

Dellinger’s firing was the latest move in Trump's sweeping effort to shrink and reshape the federal government, testing the limits of well-established civil service protections by moving to dismantle federal agencies and push out staffers.