D.C. Circuit Upholds Presidential Removal of MSPB and NLRB Members
On the eve of Trump v. Slaughter, the D.C. Circuit offers a way to distinguish Humphrey's Executor.
Appointments Clause
Trump Tries To Cut Congress Out of U.S. Attorney Appointments
The 3rd Circuit’s ruling against Alina Habba highlights a disturbing pattern of legal evasion.
The Third Circuit's Curious Opinion on the "De Facto" U.S. Attorney for the District of New Jersey
The Circuit's decision appears to invite the workaround of dividing responsibilities between two persons in the U.S. Attorney's Office, who could then each exercise half of that Office's powers.
Third Circuit Affirms Disqualification of Alina Habba
The first appellate court to consider the Trump Administration's aggressive approach to U.S. Attorney appointments.
Federal Judge Dismisses Comey and James Indictments, Saying Trump's U.S. Attorney Appointment Was Illegal
The charges were dismissed without prejudice, so the Justice Department can try again.
Caleb Nelson's Originalist Critique of Unitary Executive Theory
The prominent originalist legal scholar argues the Constitution does not require that the president have the power to fire executive branch officials.
Who Is Lawfully Exercising the Powers of the U.S. Attorney for the District of New Jersey?
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.
Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor
The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.
The Defense Challenge to Alina Habba's Appointment is Weak
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 Justice Department Powerfully Defends Alina Habba's Appointment as Acting U.S. Attorney for New Jersey
The Department's filing makes a strong case that Habba's appointment is proper. The courts should quickly reject defendants' challenge to the appointment.
The Attorney General Can Put Her Own Legal Team in Place—through U.S. Attorneys in New Jersey and Elsewhere
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.
The Statute Allowing Judges to Appoint Interim U.S. Attorneys is Constitutional
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.
Appointment of Interim U.S. Attorneys
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.
SCOTUS Stays Injunction Against Removal of CPSC Commissioners
Further indication that independent agencies will not be "independent" much longer.
Eleventh Circuit Upholds For-Cause Removal Requirement for Administrative Law Judges
Will the en banc court agree? Will the Supreme Court?
Baude on Trump v. Wilcox: "Predictable and Reasonable"
A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.
President Trump Targets Humphrey's Executor Directly
President Trump acts to remove two Democratic commissioners from the Federal Trade Commission. Litigation is likely.
D.C. Circuit Issues Opinion Explaining Stay that Allowed for Special Counsel Dellinger's Removal
The panel did not believe the Office of Special Counsel could be distinguished from the Consumer Financial Protection Bureau or Federal Housing Finance Authority.
Dellinger v. Bessent Disappears Allowing Wilcox v. Trump to Train Sights on Humphrey's Executor
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.
DC Circuit Allows Removal of Special Counsel Dellinger Pending Appeal
For now, President Trump has removed Hampton Dellinger as head of the Office of Special Counsel.
What the Supreme Court Said about Dellinger v. Bessent in Seila Law v. CFPB
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.
Is Humphrey's Executor in the Crosshairs?
Firing members of "independent" agencies would seem to set up a direct challenge to a longstanding precedent.
Supreme Court Denies Certiorari for Braidwood Nondelegation Claim
The Court will only consider one of the issues in Braidwood Management v. Becerra
Supreme Court Grants Certiorari in Becerra v. Braidwood Management
Another significant administrative law grant of certiorari (and a dog that didn't bark).
The Math Does Not Favor Avoiding Senate Scrutiny of Trump's Bizarre Cabinet Picks
Several Republican senators have said they are not inclined to abdicate their "advice and consent" role in presidential appointments.
Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan
Berry explains why the plan is flawed on legal and other grounds.
The Appointments Clause Goes Fishing
A successful appointments clause challenge to Regional Fishery Management Councils. (Updated to fix block quotes)
Supreme Court Considers Whether Trump Can Block Immigrants From Census Counts
Plus: Pennsylvania rejects mail-in vote challenge, Facebook begs for regulation, and more...
SCOTUS Adds Another Appointments Clause Case to the Docket
When must claimants raise appointments-clause challenges?
