A federal appeals court decision on Saturday has allowed the head of a government ethics watchdog agency, who was fired by President Donald Trump last week, to continue serving in his role. The court upheld a restraining order that permits Hampton Dellinger to temporarily remain as special counsel, a position he was appointed to by President Joe Biden for a five-year term.
The Office of Special Counsel, an independent agency created by Congress, handles allegations of whistleblower retaliation. The US Circuit Court of Appeals for the DC Circuit, in a 2-1 decision, ruled that the temporary order in Dellinger's favor was not appealable, citing legal standards and the potential precedent it could set.
Two Biden-appointed judges voted against granting a stay, while a Trump nominee expressed support for the government's request. The decision is expected to lead to an appeal to the Supreme Court, marking the first legal challenge related to Trump's second term.
The case raises concerns about the president's authority to dismiss government employees serving on independent boards without cause, as protected by laws requiring justification for termination. Dellinger's lawsuit is one of several challenging a president's power to remove heads of independent agencies, drawing on a 1935 Supreme Court precedent that allowed for-cause protections for agency board members.
While conservative justices have questioned the constitutionality of these protections, the Department of Justice under Trump has argued against them. The legal battle surrounding Dellinger's dismissal highlights broader issues of executive power and the independence of government agencies.
