Topline
The Supreme Court declined to let the Trump administration fire a government watchdog on Friday, marking the first lawsuit over President Donald Trump’s attempt to reshape the federal government to reach the high court.
The Supreme Court filed its decision Friday. (Photo by Andrew Harnik/Getty Images)
Key Facts
The justices said in a filing it would hold the case brought by Hampton Dellinger—chief of the federal Office of Special Counsel—until Feb. 26, the date a lower court’s restraining order against his firing is set to expire.
The Trump administration filed an emergency appeal to the Supreme Court asking it to toss out the restraining order, after a federal appeals court upheld a lower court’s ruling that protected Dellinger from being fired by Trump.
Conservative Justices Neil Gorsuch and Samuel Alito said they would have tossed out the lower court’s order, as the government requested, while liberal Justices Sonia Sotomayor and Ketanji Brown Jackson said they would’ve denied Trump’s request altogether instead of merely holding off on ruling.
The Supreme Court’s decision Friday was narrow and temporary—but how it handles the case could set a precedent for the president’s powers and whether he can fire officials at independent agencies.
If Dellinger was fired, his term would have ended prematurely, as last year, the watchdog was appointed by former President Joe Biden to serve as the Office of Special Counsel’s head until 2029.
What To Watch For
The temporary restraining order against Dellinger’s firing expires Feb. 26, when a district court will also hold a hearing on his motion for a preliminary injunction.
Key Background
Trump has faced a flurry of lawsuits in his attempt to reshape the federal government through budget cuts, layoffs and executive orders. On Thursday, a judge shut down a request from the National Treasury Employees’ Union and other unions looking to block the Trump administration from firing more personnel. Though the judge sided with Trump, he wrote in his opinion that judges must decide legal issues through law and precedent, “no matter the identity of the litigants or, regrettably at times, the consequences of their rulings for average people.” Beyond his broader plans to slash the federal workforce by 5% to 10% through buyouts and firings, Trump has fired at least nine senior FBI officials who investigated the Jan. 6 Capitol attack and at least 17 inspectors general throughout multiple federal agencies. Like Dellinger, National Labor Relations Board Chair Gwynne Wilcox and former Merit Systems Protection Board member Cathy Harris have challenged their firings in court. Eight inspectors general are also arguing against their terminations in court.
Further Reading
Major Lawsuits Against Trump And Musk: Judge Declines To Hold Administration In Contempt For Suspending Foreign Aid Funds (Forbes)