In a landmark decision by the federal appeals court, Hampton Dellinger, the special counsel defending federal employees against wrongful dismissals, has been ousted from his position. This ruling underscores ongoing debates over executive power and worker protection.
According to USA Today, the court ruled in favor of President Donald Trump's administration, allowing them to dismiss Dellinger, intensifying issues on executive reach and its implications.
President Trump first attempted to fire Dellinger on February 7, challenging his tenure that was safeguarded under a 1978 federal law. Doug Collins, currently leading the Department of Veterans Affairs which is about to lay off 76,000 workers, will replace Dellinger.
Dellinger was noted for his key role in temporarily reinstating federal employees. He successfully argued that their earlier terminations were illegal, making significant progress right before his firing was confirmed.
Just hours prior, Dellinger had secured a temporary reinstatement for nearly 6,000 probationary employees at the U.S. Department of Agriculture. His actions were aimed at pausing and reviewing the terminations, contributing significantly to the debate on his dismissal.
The many cases he won involved other various departments, including Education and Housing and Urban Development. Dellinger managed to put a temporary halt on layoffs, giving employees a chance to contest their terminations.
The controversy surrounding Dellinger's firing centered on whether his role bore enough executive authority to classify him as an at-will employee of the president. The Trump administration argued against the constitutionality of job protections for the Office of Special Counsel, which Dellinger led.
The appeals court's decision pointed specifically to Dellinger's proactive measures to intervene on behalf of terminated employees as a core executive function, ideally reserved for the president.
"The decision said those prosecutions are inherent functions of executive power, which resides with the president, and said it would immediately pause Dellinger's reinstatement "and put an end to Dellinger’s rogue use of executive authority over the president’s objection," detailed the ruling.
Only three other government positions share the protective features that were deemed unconstitutional for Dellinger's role by the Trump administration. The decision reflects a broader tendency, supported by precedents set by the Supreme Court, endorsing presidential powers to dismiss executive agency heads.
For instance, President Joe Biden's 2021 firing of the Social Security Administration head confirmed the breadth of presidential authority regarding executive agency dismissals. This backdrop highlights the significance of the recent ruling against Dellinger.
Dellinger, acknowledging the substantial weight and direction of judicial opinion, announced he would not challenge the ruling by appealing to the Supreme Court. "I will not seek to take the case to the Supreme Court," he confirmed on Thursday, indicating a possible end to this controversial saga.
As Dellinger steps down, his legacy in fighting for employee rights under federal law remains impactful. His last act helped thousands of employees at risk of losing jobs without due process, reflecting his dedication to fair labor practices. His successor, Doug Collins, brings a new dynamic to the role, amidst widespread layoffs in his current department. How these transitions will affect federal employment policies remains a closely watched issue.
The court's ruling does not just alter the trajectory of one man's career but potentially reshapes the balance of power within the U.S. executive, hinting at more centralized control over employment and administrative decisions in government agencies.