The Trump administration went to the Supreme Court after a panel of judges at a D.C.-based federal appeals court ruled 2-1 to uphold the lower court’s ruling shielding Dellinger, whom former President Joe Biden appointed to a five-year term at the Office of Special Counsel, which handles issues like protecting whistleblowers against retaliation.

An appeals court will not allow the Trump administration to end birthright citizenship for certain children of immigrants, in a ruling that could propel the issue to the Supreme Court.

In an order released late Saturday night, a panel of the D.C. Circuit Court of Appeals voted, 2-1, not to disturb a temporary restraining order a lower court judge issued preventing Trump from moving forward with the removal of Office of Special Counsel chief Hampton Dellinger, an appointee of President Joe Biden.