Hampton Dellinger case: Supreme Court delays Trump’s removal of whistleblower protection chief

The Supreme Court on Friday allowed Hampton Dellinger, the head of the Office of Special Counsel, to stay in his position.

The Supreme Court did not outright grant or deny the Trump administration’s request to remove Dellinger but chose to postpone the decision. This means that they will wait to see what happens in a scheduled hearing on Wednesday, where US District Judge Amy Berman Jackson will discuss whether to extend the order keeping Dellinger in office.

Dellinger, therefore, will remain in office at least until Wednesday when the lower-court order temporarily protecting him expires.

The court's ruling was closely divided, with five justices in favour and four against. Conservative justices Neil Gorsuch and Samuel Alito expressed doubts about whether the courts have the power to reinstate someone after the president has fired them.

Gorsuch mentioned that when presidentially appointed officials have challenged their removal in the past, they typically sought financial compensation rather than reinstatement.

On the other hand, liberal justices Sonia Sotomayor and Ketanji Brown Jackson opposed the administration's request.

The Justice Department argued that the lower court overstepped its bounds by preventing Dellinger's removal, saying that it interfered with the president's ability to direct the agency during an important transition period.

The Office of Special Counsel plays a vital role in safeguarding federal employees from unlawful actions, like retaliation for whistleblowing. Its leader can only be removed for specific reasons, such as incompetence or misconduct.