The Trump administration has made its first appeal to the US Supreme Court to try to oust the head of a whistleblower protection agency appointed by former President Joe Biden, according to a filing obtained by the Associated Press.

In an emergency appeal, Justice Department lawyers have asked the high court to lift a federal judge’s order temporarily blocking special counsel Hampton Dellinger from being fired.

“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,” writes acting Solicitor General Sarah Harris.

The filing also cites the court’s decision last term to grant presidential immunity for official acts — and claims allowing the judge’s ruling to stand could “embolden” other jurists to hinder President Trump’s agenda in pending lawsuits over executive branch staffing.

Much of that effort has been driven by tech billionaire Elon Musk and his dozens of Department of Government Efficiency (DOGE) staffers, who have been deputized to trim the size of the federal workforce and the scope of its spending.

An appeals court had earlier declined on procedural grounds to lift the order first imposed by DC US District Senior Judge Amy Berman Jackson, which will expire Feb. 26.

Dellinger in his suit pointed to layoffs of federal workers to claim that his work was “needed now more than ever.”

The special counsel, whose term expires in 2029, had filed a lawsuit against Trump and other...

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