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But the question is not whether allowing limits on the president’s power to fire officials is sensible, Professor Nelson wrote.
“I am an originalist, & if the original meaning of the #Constitution compelled this outcome, I would be inclined to agree that the Supreme Court should respect it until the Constitution is amended through the proper processes,” he wrote.
But the textual & historical evidence is “far more equivocal than the current court has been suggesting,” he wrote.
Nelson’s September article was repeatedly cited by lawyers for Rebecca Kelly Slaughter, the member of the #FTC whose firing is at issue in Monday’s case, in her main #SCOTUS brief. In reply, lawyers for #Trump wrote that Ms. Slaughter’s brief “rehashes objections to the removal power” from a “recent essay by Professor Caleb Nelson.”
#law #HumphreysExecutor #ActivistCourt #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵
Professor Nelson’s article acknowledged that #SCOTUS “appears to be moving toward a sweepingly pro-president position.”
Letting the president fire ofcls “for reasons good or bad,” Nelson wrote, would grant him “an enormous amount of #power —more power, I think, than any sensible person should want anyone to have, & more power than any member of the founding generation could have anticipated.”
#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #ExecutiveBranch #SeparationOfPowers #Congress 🧵
But the question is not whether allowing limits on the president’s power to fire officials is sensible, Professor Nelson wrote.
“I am an originalist, & if the original meaning of the #Constitution compelled this outcome, I would be inclined to agree that the Supreme Court should respect it until the Constitution is amended through the proper processes,” he wrote.
But the textual & historical evidence is “far more equivocal than the current court has been suggesting,” he wrote.
Back to the courtroom [done w/discussion of Nelson’s article]
Justice Elena Kagan says independent agencies do a lot of legislating & a lot of judging [I would say regulating, not “legislating & judging, but that’s me]. Giving the president unfettered authority over them, she says, would concentrate “massive unchecked power” in the #ExecutiveBranch, at odds with the #SeparationOfPowers.
#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #power #Congress 🧵
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