A district court ruling that Ms. Habba has been unlawfully exercising the powers of the New Jersey U.S. Attorney ducks the critical question of who can exercise those powers ... which is strong reason for doubting the ruling's reasoning.
The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.
A defendant has challenged Acting New Jersey U.S. Attorney Alina Habba's appointment under the Federal Vacancies Reform Act, but he has no real case under the statute's plain language.
The Department's filing makes a strong case that Habba's appointment is proper. The courts should quickly reject defendants' challenge to the appointment.
Acting through through Section 546, or temporarily through the Federal Vacancies Reform Act, the Attorney General is entitled to appoint U.S. Attorneys for the District of New Jersey and all other federal judicial districts. If done properly, such appointments preempt any need for judges to appoint U.S. Attorneys. But it is important that the President submit a nominee for the position for Senate confirmation.
Steve Calabresi's argument that judges cannot make such interim appointments is ultimately unpersuasive, as the Appointments Clause specifically allows Congress to vest such power in the Judiciary.
The attorney general can appoint interim U.S. Attorneys to successive 120-day terms of office unless the nominee is someone to whom the Senate has refused to give advice and consent by a vote either in committee or on the floor.
Further indication that independent agencies will not be "independent" much longer.
Will the en banc court agree? Will the Supreme Court?
A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.
President Trump acts to remove two Democratic commissioners from the Federal Trade Commission. Litigation is likely.
The panel did not believe the Office of Special Counsel could be distinguished from the Consumer Financial Protection Bureau or Federal Housing Finance Authority.
The Supreme Court will not have to weigh in on removal limitations at the Office of Special Counsel, but it could still have to consider those for the National Labor Relations Board.
For now, President Trump has removed Hampton Dellinger as head of the Office of Special Counsel.
A district court judge has concluded that President Trump cannot remove the head of the Office of Special Counsel without cause. Supreme Court review is inevitable.
Firing members of "independent" agencies would seem to set up a direct challenge to a longstanding precedent.
The Court will only consider one of the issues in Braidwood Management v. Becerra
Another significant administrative law grant of certiorari (and a dog that didn't bark).
Several Republican senators have said they are not inclined to abdicate their "advice and consent" role in presidential appointments.
Berry explains why the plan is flawed on legal and other grounds.
A successful appointments clause challenge to Regional Fishery Management Councils. (Updated to fix block quotes)
Plus: Pennsylvania rejects mail-in vote challenge, Facebook begs for regulation, and more...
When must claimants raise appointments-clause challenges?
