#Tag
Sauer is quick to try to carve out the #FederalReserve, saying the admin has not challenged congressional limitations on the president’s #power to remove its members.
But that has started a long back & forth between several Justices & Sauer about which agencies would not be subject to a decision in favor of #Trump.
There are hundreds of “ #independent” federal agencies.
#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #ExecutiveBranch #SeparationOfPowers #Congress 🧵
The case #SCOTUS hears today will test that proposition.
But how hard would it be for #Trump to simply comply with statutes requiring him to give a reason before firing regulators? The legal terrain is surprisingly uncharted because attempts to remove leaders of independent agencies “for cause” are exceedingly rare.
Federal laws requiring presidents to show cause are, on the other hand, commonplace. More than 30 statutes say that leaders of executive agencies can be removed only for some combination of the same factors cited in the #law shielding #FTC commissioners like Ms. Slaughter. Another 20 or so, like the one governing the #FederalReserve Board, say only that agency leaders may be removed “for cause,” without elaboration.
The ofcls include Rebecca Slaughter, whose firing from the #FTC is at issue in the current case, as well as ofcls from the #NLRB, #MSPB & #CPSC.
The only ofcls who have so far survived efforts to remove them are Lisa Cook, a #FederalReserve governor, & Shira Perlmutter, a #LibraryOfCongress copyright ofcl. #SCOTUS already has suggested that it will view the Fed differently from other #independent agencies, & #Trump has said he wants her out because of allegations of mortgage fraud.
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