The Courts Just Got Rid of the Last Person Standing in the Way of Trump’s Federal Worker Purge

In a significant development, Hampton Dellinger, the head of the Office of Special Counsel (OSC), was removed from his position after a federal appeals court vacated a lower court’s injunction that had temporarily reinstated him.

Dellinger, who had served as OSC head for about a year, was fired on February 7 by the Trump administration without explanation, despite a statute requiring that such removals be based on “inefficiency, neglect of duty, or malfeasance in office.” His firing is seen as part of a broader effort by the Trump administration to dismantle civil service protections and weaken whistleblower safeguards.

The OSC is responsible for enforcing laws that protect federal whistleblowers and wrongfully terminated employees. Dellinger’s removal has raised concerns about the future of these protections, especially as the Trump administration has been accused of targeting federal workers and undermining independent agencies. The administration argued that the statute protecting the OSC head from arbitrary removal violates the separation of powers, citing recent Supreme Court rulings that expanded presidential authority to fire heads of independent agencies.

Judge Amy Berman Jackson had initially ruled in Dellinger’s favor, issuing a 67-page opinion that distinguished the OSC from other agencies like the Consumer Financial Protection Bureau (CFPB) and the Federal Housing Finance Agency (FHFA), which the Supreme Court had previously ruled could be subject to at-will removal by the president. Jackson emphasized that the OSC’s powers are limited and primarily investigative, making it different from agencies with broader regulatory authority. However, the D.C. Circuit Court of Appeals overturned her decision, siding with the Trump administration’s argument.

The case is likely headed to the Supreme Court, where it could have far-reaching implications for the independence of federal agencies and the protections afforded to whistleblowers and federal workers. If the Court rules in favor of the Trump administration, it could further erode the autonomy of independent agencies and strengthen the “unitary executive theory,” which advocates for expansive presidential control over the executive branch.

Dellinger’s removal is particularly significant because the OSC plays a critical role in enforcing laws like the Civil Service Reform Act, the Whistleblower Protection Act, and the Hatch Act. Last year alone, the OSC handled over 6,000 cases on behalf of workers and whistleblowers. Without a strong and independent OSC, federal employees and whistleblowers may find it harder to seek justice for wrongful terminations or abuses of power.

The dispute highlights the ongoing tension between Congress’s intent to create independent agencies that can hold the executive branch accountable and the Trump administration’s efforts to consolidate power under the presidency. The Supreme Court’s decision in this case could determine whether the OSC and similar agencies can continue to function as intended or whether they will be rendered ineffective by political interference. For now, Dellinger remains out of office, and the future of the OSC hangs in the balance.