President Donald Trump’s administration has asked the U.S. Supreme Court to intervene in its bid to fire the head of an independent U.S. agency that protects government whistleblowers, bringing its first legal battle involving Trump’s actions to the nation’s highest judicial body since he took office in January.
The Justice Department asked the court to immediately lift a federal judge’s February 12 order that temporarily blocked Trump’s removal of Hampton Dellinger as the head of the Office of Special Counsel while litigation continues in the dispute, according to a copy of the filing reviewed by Reuters. The case has not yet been docketed by the court.
The case could offer a preview of how the Supreme Court will view Trump’s aggressive moves to remake the federal government, including by removing heads of independent agencies. The court has a 6-3 conservative majority and includes three members appointed by Trump during his first term in office.
The judge’s action blocking the termination is an “unprecedented assault on the separation of powers,” Acting Solicitor General Sarah Harris said in the filing.
“This court should not allow lower courts to seize executive power by dictating to the President how long he must continue employing an agency head against his will,” Harris wrote.
Appointed by former President Joe Biden, Dellinger’s five-year term was set to expire in 2029. He sued after receiving an email on February 7 informing him that Trump had fired him from the...
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