US Supreme Court declines to let Trump immediately fire watchdog agency head

WASHINGTON - The US Supreme Court declined on Feb 21 to let President Donald Trump immediately fire the head of a federal watchdog agency after a judge’s order had temporarily blocked the Republican president from ousting the official.

The court postponed action - for now - on the Justice Department’s request to lift the judge’s Feb 12 order that had temporarily blocked Mr Trump’s removal of Mr Hampton Dellinger as head of the Office of Special Counsel while litigation continues in the dispute. The independent agency protects government whistleblowers.

The case marked the first legal battle involving Mr Trump’s actions to reach the top US judicial body since he returned to the presidency in January. The court’s 6-3 conservative majority includes three justices appointed by Mr Trump during his first term in office.

The court said it was postponing action on the Justice Department’s request until Feb 26 when a temporary restraining order issued by Washington-based US District Judge Amy Berman Jackson is set to expire. Judge Jackson issued a temporary restraining order on Feb 12, restoring Mr Dellinger to his position pending a further order.

Conservative Justices Neil Gorsuch and Samuel Alito dissented from the court’s decision not to intervene for now in Mr Trump’s request. Liberal Justices Sonia Sotomayor and Ketanji Brown Jackson would have denied the request. 

Mr Dellinger sued after receiving an email on Feb 7 informing him that Mr Trump had fired him “effective immediately”, offering no reasons for the decision. Mr Dellinger’s lawsuit said Mr Trump exceeded his powers as president in moving to dismiss him, given that federal law permits removal from the post only for “inefficiency, neglect of duty or malfeasance in office”.

Appointed by Democratic former President Joe Biden, Mr Dellinger’s five-year term was set to expire in 2029. The Office of Special Counsel allows whistleblowers to make disclosures about alleged misconduct within federal agencies and investigates complaints of retaliation. It also enforces a US law called the Hatch Act that limits political participation by federal employees.

Mr Trump and his administration have moved to dramatically overhaul and downsize the federal government, dismissing or reassigning hundreds of officials, firing thousands of workers and removing heads of independent agencies, among other actions.

The Office of Special Counsel’s “ability to protect the civil service and investigate alleged misconduct is needed now more than ever,” Mr Dellinger’s lawsuit said. “Over the preceding three weeks, an unprecedented number of federal employees with civil service protections have been terminated without cause.”

Signaling an intent to assert sweeping presidential authority, the Justice Department had characterised the judge’s action in this case as an “unprecedented assault” on the separation of powers laid out in the US Constitution among the government’s executive, legislative and judicial branches.

“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,” Acting Solicitor General Sarah Harris told the justices in a filing.

The judge said that Mr Trump’s effort to fire Mr Dellinger without cause “plainly contravenes” the job protections under federal law and “Congress’s clear intent to ensure the independence of the Special Counsel and insulate his work from being buffeted by the winds of political change”.

The US Court of Appeals for the District of Columbia Circuit threw out the administration’s appeal in a 2-1 decision on Feb 15, saying it was premature, given that Judge Jackson’s order was only temporary. REUTERS