A federal judge on Wednesday extended an order barring President Trump from firing the head of an office designed to protect government whistleblowers by three days as she weighs further relief.
U.S. District Judge Amy Berman Jackson ruled that Hampton Dellinger, head of the Office of Special Counsel, can remain in his role as she considers motions to indefinitely block Trump from firing Dellinger as litigation continues and to rule in favor of either party in full.
Jackson acknowledged the “unusual posture” of the case, in that it has already reached the Supreme Court, which held the government’s emergency application to scrap the block on firing Dellinger in “abeyance” until the judge’s temporary restraining order expires Wednesday.
“It is incumbent upon this Court to resolve this matter even more expeditiously than the Federal Rules of Civil Procedure would ordinarily permit; and the Court will do so,” she wrote. “Given the significance of the constitutional questions presented, though, it is also incumbent upon the Court to give full consideration to all of the arguments advanced during today’s hearing before it finalizes its opinion.”
Dellinger sued the Trump administration earlier this month after he said he received a one-sentence email notifying him he’d been fired. The official, who was appointed by former President Biden, contends the firing violates his appointment to a five-year term in the office.
During a hearing Wednesday, his lawyers argued that the Office of Special Counsel is not a “pure extension” of the executive branch and that Congress sets the terms of removal for “inferior officers” like Dellinger who don’t report solely to the president.
The Justice Department countered that Dellinger holds “core executive” powers and authority in his role and blocking Trump from firing him undercuts the president’s authority to supervise the executive branch.
Dellinger’s lawsuit is one of of several challenges to Trump’s firings of independent federal agency leaders with statutory removal protections.
Democratic appointees to multimember commissions like the Merit Systems Protection Board, National Labor Relations Board and Federal Labor Relations Authority have also challenged their firings.
Jackson’s temporary restraining order is now set to expire on Saturday. A ruling is expected before the end of that day.
