"The Supreme Court will hear two cases- Trump v. Slaughter on Dec. 8 and Trump v. Cook on Jan. 21-that are likely to substantially change the law as to when the president can fire those in the executive branch of government. President Donald Trump has claimed that it is a "unitary executive," and that as the head of it, he can fire anyone within it."
"The current law as to the removal power is that the president may fire those within the executive branch, but that Congress can limit removal if it is an office where independence from the president is desirable, if the statute limits removal to where there is good cause and if it is an agency headed by a multi-member commission. This rule emerges from several Supreme Court decisions over the last century."
The Supreme Court will hear Trump v. Slaughter on Dec. 8 and Trump v. Cook on Jan. 21 concerning presidential removal authority. President Donald Trump asserts a unitary-executive theory authorizing firing of anyone in the executive branch. Recent emergency-docket rulings suggest the six conservative justices may be sympathetic to that view, though the extent of change is uncertain. Current law permits the president to fire executive officials but allows Congress to limit removal for offices needing independence, for statutes requiring good-cause removal, and for agencies led by multi-member commissions. Key precedents include Myers v. United States (1926) and Humphrey's Executor (1935).
#presidential-removal-power #unitary-executive #supreme-court #myers-v-united-states #humphreys-executor-v-united-states
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