The Trump administration told the Supreme Court on Wednesday that developments in the first case arising from the president’s blitz of executive actions to reach the justices would require prompt action.
The court ruled last week that President Trump could not, for now, remove a government lawyer who leads the watchdog agency that protects whistle-blowers. But the court’s order said that it would hold the government’s emergency application “in abeyance” and might soon return to the issue.
The ruling noted that a trial judge’s temporary restraining order shielding the lawyer, Hampton Dellinger, was set to expire on Wednesday.
After a hearing on Wednesday, the judge, Amy Berman Jackson of the Federal District Court in Washington, extended her order until Saturday to provide time for her to write an opinion in the matter. In a letter to the justices, Sarah M. Harris, the acting solicitor general, wrote that developments since they last acted had underscored the need for a prompt resolution.
Mr. Dellinger has been busy, she wrote. In his role as the head of the Office of Special Counsel, he filed challenges to the firings of six probationary employees before the Merit Systems Protection Board, which temporarily reinstated them on Tuesday.
“In short, a fired special counsel is wielding executive power, over the elected executive’s objection, to halt employment decisions made by other executive agencies,” Mr. Harris wrote. The merit board, moreover, she wrote, “is being led by a chairman who has herself been fired by the president, only to be reinstated by a district court.”
All of that means the justices must act soon, Ms. Harris wrote.
“The government respectfully asks that this court at a minimum continue to hold the application in abeyance, if the court does not grant it now,” she wrote. “Once the district court issues its final decision, presumably on March 1, it may become necessary for the government to request further relief.”
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