The Trump administration has asked the US Supreme Court to intervene in its efforts to dismiss the head of an independent agency that safeguards government whistleblowers, marking the first legal challenge involving Trump's decisions to reach the nation's highest court since he resumed office in January.

The Justice Department has requested that the court lift a February 12 ruling by a federal judge that temporarily halted Trump's removal of Hampton Dellinger, the head of the Office of Special Counsel, while legal proceedings continue. The case has yet to be officially added to the court's docket, according to a filing reviewed by Reuters.

This dispute may provide insight into how the Supreme Court views Trump's aggressive push to reshape the federal government, including his authority to dismiss leaders of independent agencies. With a 6-3 conservative majority, the court includes three justices appointed by Trump during his first term. Acting Solicitor General Sarah Harris called the lower court's order blocking the removal an "unprecedented assault on the separation of powers," arguing in the filing that courts should not dictate how long the President must keep an agency head in office.

Dellinger, appointed by former President Joe Biden, was set to serve a five-year term until 2029. He sued after being notified via email on February 7 that Trump had fired him, effective immediately. His lawsuit contends that Trump overstepped his authority, as federal law allows removal only for inefficiency, neglect of duty, or malfeasance.

The lawsuit argues that the Special Counsel’s role is crucial in safeguarding the civil service and investigating misconduct, particularly given a recent surge in terminations of federal employees with civil service protections. On February 12, US District Judge Amy Berman Jackson issued a temporary restraining order reinstating Dellinger until further review, stating that Trump’s dismissal lacked justification and violated federal job protections.

Jackson noted that Congress clearly intended to maintain the Special Counsel’s independence and shield the office from political influence. The US Circuit Court of Appeals for the District of Columbia dismissed the administration’s appeal in a 2-1 decision, calling it premature since Jackson’s order was temporary.

The Office of Special Counsel allows whistleblowers to report federal agency misconduct, investigates retaliation claims, and enforces the Hatch Act, which restricts political activity among federal employees. Dellinger’s firing follows Trump's broader efforts to remove officials overseeing government accountability, including the dismissal of 17 inspectors general last month without explanation.

Disclaimer: This image is taken from Reuters.