Washington — The Supreme Court on Friday declined to intervene for now in President Trump's bid to fire the head of the federal agency that protects whistleblowers while litigation over the removal moves forward, keeping Hampton Dellinger in his role as leader of the Office of Special Counsel for several more days.
In an unsigned decision, the high court put off a decision on Mr. Trump's request to lift a lower court order that reinstated Dellinger until Feb. 26, when that order is set to expire. Justices Sonia Sotomayor and Ketanji Brown Jackson said they would deny Mr. Trump's bid for relief. Justices Neil Gorsuch and Samuel Alito dissented.
A key issue at this stage in the case is whether the temporary restraining order issued by U.S. District Judge Amy Berman Jackson, which briefly reinstated Dellinger, could be appealed by the Justice Department. Gorsuch, in a dissenting opinion joined by Alito, wrote that "there are powerful reasons to look behind the label, acknowledge that this TRO presently acts as a preliminary injunction, and review its lawfulness." Preliminary injunctions can be appealed.
He said he would have tossed out the district court's order and sent it back for a second look.
The president's request for emergency relief from the high court marked his first since returning to the White House in late January. But the Supreme Court is soon likely to be fielding numerous requests for it to intervene in cases arising from actions taken by Mr. Trump in his...
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