Washington – The Supreme Court rejected on Friday the appeal of President Trump about his effort to fire an agency official.
Instead, the judges said they would evaluate the matter only after a judge governs next week about whether the dismissal was legal.
The decision is a small and temporary setback for Trump and his lawyers,
The president of the Supreme Court John G. Roberts Jr. and Judges Clarence Thomas, Elena Kagan, Brett M. Kavanaugh and Amy Coney Barrett agreed to postpone a decision for now.
Judges Sonia Sotomayor and Ketanji Brown Jackson said they would have rejected Trump's appeal. Meanwhile, Judges Neil M. Gorsuch and Samuel A. Alito Jr. said they would have granted and demanded the judge to reconsider their decision that blocked dismissal.
Trump's lawyers may have exaggerated their hand by appealing before the Superior Court on Sunday. They described the temporal stop when shooting the head of the small agency that protects the complainants as “an assault unprecedented to the separation of powers” that would impose an “irreparable damage” to the president.
Last week, a federal judge in Washington issued a temporary restriction order to block Hampton Dellinger's dismissal until February 26.
Dellinger was appointed last year for a five -year period to direct the Special Advice Office, an independent agency created by Congress in 1978 to protect federal employees that report abuses or irregularities.
Judge Amy Berman Jackson granted the temporary restriction order and said she would issue a judgment in the case after holding a hearing on February 26.
Trump and his lawyers have aggressively affirmed their executive branch. They say that the president can fire officials who occupy executive or policy formulation positions throughout the government, including those of the agencies that Congress gave him independent authority.
The Special Advisor Office was created by Congress in 1978. President Carter signed the bill and said that the new independent agency would defend federal employees who suffered abuse or exhibited by irregularities.
The agency has 29 employees and maintains a fairly low profile.
Last year, President Biden appointed Dellinger, a North Carolina lawyer, for a period of five years as head of the agency, and was confirmed by the Senate.
On February 7, Trump's staff sent Dellinger an email of a prayer saying that he had been terminated, with immediate effect.
Dellinger sued, arguing that his shot was in “flagrant contempt” of the law. Judge Jackson put his shot temporarily.
The United States Court of Appeals refused, 2-1, to set aside its order.
Trump's interim general lawyer, Sarah Harris, sent an emergency appeal to the president of the Supreme Court Roberts on Sunday.
He called to the temporary restoration of the Judge of Dellinger “an assault unprecedented to the separation of powers that guarantees immediate relief.”
Roberts has written several opinions holding that the president has the broad authority to eliminate officials who exercise the Executive Power.
Conservatives refer to this position as an independent executive theory, which argues that the Constitution gave the President the power to control all executive officials of the United States government.
“According to our Constitution, the 'Executive Bran Policies, said Roberts.
That decision said that the president was free to eliminate the head of the Consumer Finance Protection Office, despite the fact that Congress had said that the designated director could only be fired due to cause.
Trump's lawyers cited that precedent as confirming the president's authority on agency officials as Dellinger.
The opinion of the president of the Supreme Court president did not annul the previous decisions that said that Congress could establish commissions or joints of several members whose members would be appointed for fixed terms.
