Neither Congress nor the courts may saddle the president with those with whom he cannot work, the U.S. Supreme Court ruled June 29. Subordinates such as a Federal Trade Commission (FTC) commissioner who exercise the president’s power are subject to removal by him, the court determined.
In a separate decision, the court held that the Federal Reserve is a special case and affords its members procedural protections before their removal.
In the FTC case, the Supreme Court ruled that only if the president has removal power can those who exercise the president’s authority “remain accountable to the president, and the president to the people.” In addition, the court stated, “The president cannot faithfully execute the laws if he cannot supervise those who execute them.”
The decision by the Supreme Court in the FTC case will likely influence the eventual outcomes of cases involving the president’s removal of Gwynne Wilcox from the National Labor Relations Board (NLRB) and Jocelyn Samuels from the U.S. Equal Employment Opportunity Commission (EEOC), said James Plunkett, an attorney with Ogletree Deakins in Washington, D.C.
“However, it will likely take some time before the practical impact of today’s decision is felt by employers,” he added. “Assuming that Wilcox and Samuels eventually lose on their underlying legal challenges to their removal, the impacts will most likely be felt during changes in administrations: future presidents will no longer have to wait until the expiration...
“Let me lay out the facts: Donald Trump lost the 2020 election. Period. Despite his false claims, there is no evidence of any widespread voter fraud in that election and we heard nothing new today...