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Trump Administration Files Supreme Court Appeal Over Whistleblower Office Head
The Trump administration has initiated an appeal to the Supreme Court that seeks permission to discharge the leader of the federal agency responsible for safeguarding whistleblowers. This unexpected legal action was revealed in an emergency appeal obtained by The Associated Press.
This appeal could mark the beginning of a series of court challenges by the legal team representing President Trump, aimed at overturning earlier court decisions that have hindered his agenda as he embarks on his second term.
The primary objective of this appeal is to prevent Hampton Dellinger from reclaiming his position as head of the Office of Special Counsel (OSC). Dellinger was reinstated by a lower court judge, following his prior dismissal, a move enacted by the Biden administration. Now, the Department of Justice is urging the Supreme Court to annul the judge’s ruling.
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In context, Dellinger has maintained that his removal does not conform to legal standards, as federal law stipulates that he may only be dismissed for specific performance-related reasons, which were not provided in the notification of his termination.
The administration’s request for Supreme Court intervention came shortly after a circuit court declined to vacate the lower court’s order on procedural grounds. This decision was made last Wednesday and is set to remain effective until February 26.
The case is expected to be taken up by the Supreme Court following the Presidents’ Day holiday, with the earliest possible action anticipated shortly after the holiday weekend.
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“President Trump is certainly being aggressive in terms of flexing executive power and it is not surprising that these actions are being legally challenged,” commented John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation.
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Upon his return to the presidency, Trump has issued a wave of executive orders and directives, many of which have attracted a barrage of legal scrutiny. To date, over 40 separate lawsuits have been filed targeting various aspects of the administration’s policies, including measures related to birthright citizenship, immigration, and federal funding allocations.
In one notable ruling, a federal judge in Rhode Island mandated that the Trump administration must release frozen federal funds, stating the administration failed to comply with an earlier directive. The administration’s appeal against this ruling to the First Circuit was ultimately rejected.
The majority of these legal challenges have originated in federal court jurisdictions known for their liberal leanings, including the D.C. federal court. Many appeals have already been submitted to appellate courts, such as the Ninth and First Circuits, which are known for leaning toward progressive judicial outcomes. The Ninth Circuit, in particular, is recognized for its higher rates of reversal, complicating the administration’s legal strategy.
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