Focus on Ruling Over Presidential Abuse of Power
Supreme Court Decision Expected to Set Precedent
As U.S. President Donald Trump embarks on an all-out government restructuring, lawsuits opposing this move are set to be actively addressed by the federal Supreme Court. With expectations that the lawsuit results could be known as early as this week, attention is intensifying.
According to major foreign media including Bloomberg News, on the 16th (local time), the U.S. Department of Justice filed a petition for rehearing with the Supreme Court, challenging a court decision that temporarily suspended the dismissal of Hampton Delinger, Director of the U.S. Office of Special Counsel (OSC). Acting Deputy Attorney General Sarah Harris stated in the petition, "Lower courts should not wield administrative power to force agency heads to serve terms against the President's will," adding, "This is an unprecedented attack on the principle of separation of powers."
The OSC is an independent federal government oversight agency that investigates misconduct related to personnel matters, including retaliation against whistleblowers. Director Delinger was appointed last March after being nominated by former U.S. President Joe Biden and confirmed by the Senate. On the 7th, he received a notice of "immediate dismissal" from the White House Personnel Office. Subsequently, despite having remaining term time and no grounds for dismissal as head of an independent agency, he filed a lawsuit on the 10th, claiming the President abused his authority.
Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia issued a decision on the 12th, two days later, temporarily suspending the effect of President Trump's dismissal order related to the lawsuit. Although the U.S. government immediately appealed, on the 15th, the U.S. Court of Appeals for the D.C. Circuit also dismissed the appeal by a 2-1 vote. The government then filed a petition for rehearing with the Supreme Court the next day, seeking the Court's judgment.
It is expected that the Supreme Court will reach a conclusion as early as the 18th. As the outcome could affect the overall policies of President Trump, who has just begun his term, attention to the ruling is growing. Several lawsuits opposing federal civil servant restructuring have been filed in U.S. courts, and the Supreme Court's decision is likely to influence similar lawsuits.
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