Tag

Removal Power

All articles tagged with #removal power

legal21 days ago

Presidential removal power extends to lower officers in Comey case, DOJ argues

The DOJ told a court that a Supreme Court ruling widening the president’s power to fire agency leaders also covers lower officers, arguing those who exercise decisive executive power can be removed at will. Maurene Comey, a former federal prosecutor and James Comey’s daughter, is suing DOJ after an abrupt last-year firing, claiming it was motivated by her father’s name or political beliefs. The hearing revisited whether Article II allows firing based on race or gender, with the judge pressing the government on those concerns.

Seattle U.S. Attorney Firing Set to Test Presidential Removal Power
politics2 months ago

Seattle U.S. Attorney Firing Set to Test Presidential Removal Power

President Biden's White House quickly fired Roger Rogoff as U.S. Attorney for the Western District of Washington just hours after the court appointed him, potentially triggering the first legal showdown over the president's authority to dismiss U.S. attorneys; Rogoff says he's exploring legal options, and the case highlights ongoing tensions between the judiciary and the administration over the nomination and removal of federal prosecutors.

Court embraces Project 2025 framework, rewriting agency removals
news-and-politics3 months ago

Court embraces Project 2025 framework, rewriting agency removals

The Supreme Court, in a 6–3 decision, overruled Humphrey’s Executor and held that the president may remove heads of independent agencies (as with the FTC), advancing the Project 2025 blueprint; in a separate 5–4 ruling it preserved the Federal Reserve’s independence by allowing Lisa Cook to remain on the board after concerns about due process. The paired rulings mark a major shift toward executive control over agency officials, while preserving a narrow exception for the Fed.

SCOTUS splits on Trump’s firing powers; Fed independence preserved in separate ruling
politics3 months ago

SCOTUS splits on Trump’s firing powers; Fed independence preserved in separate ruling

The Supreme Court issued two major rulings on Monday: a 6-3 decision allowing Trump to fire an independent-agency official at the FTC, signaling a broader executive reach over independent agencies; a 5-4 ruling protecting Federal Reserve independence by requiring notice and an opportunity to respond before removing Fed Governor Lisa Cook. In a separate voting-rights update, the Court also allowed states to count mail ballots arriving after Election Day if they’re postmarked by Election Day, described as a narrow decision. Taken together, the rulings highlight ongoing tensions between presidential power, agency independence, and election rules.

Supreme Court to Decide on Trump’s Authority to Fire FTC Commissioners
politics1 year ago

Supreme Court to Decide on Trump’s Authority to Fire FTC Commissioners

The Supreme Court will decide whether President Trump can fire FTC commissioners without cause, a case that tests the separation of powers and the 1935 precedent protecting agency independence, following Trump's attempt to oust FTC member Rebecca Kelly Slaughter. The Court's decision could impact the authority of the president over independent agencies and the legal protections for their members.