Trump Seeks Supreme Court Intervention to Remove Independent Agency Head
President Donald Trump has filed a petition with the US Supreme Court intervention. He seeks permission to remove Hampton Dellinger. Dellinger is the head of the US Office of Special Counsel. This marks Trump’s first request for the Court to intervene in his efforts.
Federal Court Ruling Prompted Petition
The petition, filed on Sunday, requests the Court to overturn a federal trial judge’s temporary restraining order. This order protects Dellinger from removal for 14 days. The petition follows a Saturday night decision by a federal appeals court. The appeals court rejected the administration’s request, deeming it premature.
Argument for Executive Authority
Acting Solicitor General Sarah Harris, representing the administration, argued that lower courts should not undermine executive authority. In the filing, she stated, “This Court should not permit lower courts to dictate how long the president must retain an agency head contrary to his will.”
Appeals Court Decision and Dissent
The appeals court ruling, made by a 2-1 majority, warned that allowing the administration to appeal the temporary restraining order would disrupt standard procedures. A dissenting opinion, from Trump-appointed Judge Gregory Katsas, emphasized that it is “virtually unheard of” for a court to prevent the president from firing an agency head.
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Supreme Court Review Process
The Supreme Court, under Chief Justice John Roberts, will review the petition. Roberts may act independently or refer the case to the full Court. Dellinger, who is currently under protection by the restraining order, declined to comment.
Legal Basis for Protection
The temporary restraining order, issued by Judge Amy Berman Jackson, stated that Trump’s attempt to remove Dellinger violated US law. Jackson pointed out that federal law requires the removal of an agency head only for “inefficiency, neglect of duty, or malfeasance in office.”
Trump’s Longstanding Efforts to Overhaul Government
Trump has been advocating for significant changes within the federal government. This includes reducing the workforce and closing agencies. He has also called for removing senior officials from their positions. These actions have sparked various lawsuits questioning the legality of his moves. The constitutionality of his actions is also being challenged in court.
Dellinger’s Background and Legal Challenge
Dellinger, nominated by former President Joe Biden, was confirmed by the Senate in February 2024. He is among several independent agency heads suing Trump over his attempts to remove them. The case, Dellinger v. Bessent, is pending in the US District Court. It is being heard in the District of Columbia.
