The Justice Department described the district court’s ruling as an “unprecedented assault on the separation of powers,” according to a copy of the appeal obtained by CNN. “Until now, as far as we are aware, no court in American history has wielded an injunction to force the president to retain an agency head whom the president believes should not be entrusted with executive power and to prevent the president from relying on his preferred replacement,” the administration asserts in its appeal.
The Trump administration wants the Supreme Court to permit the firing of the head of the federal agency dedicated to protecting whistleblowers, according to documents obtained Sunday that would mark the first appeal to the justices since President Donald Trump took office. The emergency appeal is the start of what probably will be a steady stream from lawyers for the Republican president and his administration seeking to undo lower court rulings that have slowed his second term agenda.
The petition was filed hours after a divided appeals court panel refused to lift the order on procedural grounds. The case is not expected to be docketed until after the Supreme Court returns from the Presidents Day holiday weekend. The justices would not act until Tuesday at the earliest. It’s not clear what reception Trump will get from the conservative-dominated court that includes three justices he nominated in his first term.
