REPORT: Supreme Court blocks Trump from firing Biden-appointed agency head

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From Fox News: The U.S. Supreme Court on Friday paused the Trump administration’s efforts to dismiss the head of an independent agency charged with investigating whistleblower claims as the president seeks to remake the federal government.

The decision allows Hampton Dellinger, a Biden appointee, to remain as head of the Office of Special Counsel at least through Feb. 26. The high court kept that deadline in place and won’t take any further action until then.

The Trump administration asked the court to overturn a lower court’s temporary reinstatement of Dellinger. A district court hearing is scheduled to consider whether to extend the pause on Dellinger’s firing.

Liberal justices Sonia Sotomayor and Ketanji Brown Jackson voted to outright deny the administration’s request to OK the firing.

Conservative justices Neil Gorsuch and Samuel Alito dissented, saying the lower court overstepped, and they cast doubt on whether courts have the authority to restore to office someone the president has fired. While acknowledging that some officials appointed by the president have contested their removal, Gorsuch wrote in his opinion that “those officials have generally sought remedies like backpay, not injunctive relief like reinstatement.”


After he was fired on Feb. 7, Dellinger filed a lawsuit against the Trump administration, claiming that he can only be dismissed from his position for job performance problems.

Fox News host Shannon Bream explained: SCOTUS leaves lower court TRO in place – keeping Hampton Dellinger in his job for now. Trump admin tried to dismiss him from his position as a federal official and he sued. The lower court issued a temporary restraining order (TRO) keeping Dellinger in his position until Feb 26th, while the case played out a bit. Tonight the Sup Ct left that TRO in place, holding it “abeyance” until it the time it’s set to expire on Feb 26th. So, the high court doesn’t get to the merits … yet (or maybe ever). Sounds like majority of the Court wants to let some of this play out in the lower court(s) for now. Dissent from Justices Gorsuch and Alito.

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