Public Advocate Legal Team may score win for Presidential Firing of Swamp Creatures
"Public Advocate's legal team, who have filed similar briefs this year, may score a hard fought legal ruling from the Supreme Court and allow President Donald Trump to fire entrenched leftists refusing to vacate government posts they consider to be permanent posts above the management of the Executive Branch, " says Eugene Delgaudio, president of Public Advocate.
The U.S. Supreme Court appears poised to issue a historic ruling that could expand presidential authority and validate Trump's efforts to remove independent federal agency officials, as reported by Politico.
Reuters noted that the case involves Trump's attempt to fire a commissioner of the Federal Trade Commission, a move initially blocked by lower courts citing a 90-year-old precedent.
That precedent, Humphrey's Executor v. United States, has long limited the president's ability to remove officials from independent agencies without cause.
Trump argued that the restriction unfairly shields bureaucrats from accountability and impedes the president's ability to implement the law.
During oral arguments Monday, the conservative majority on SCOTUS raised questions about whether the 1935 ruling remains relevant in the modern regulatory state.
"I think broad delegations to unaccountable independent agencies raise enormous constitutional and real world problems for individual liberty," Justice Brett Kavanaugh said, according to the Politico report.
Conservative
U.S.
Supreme
Court
justices
signaled
on
Monday
they
will
uphold
the
legality
of
Donald
Trump's
firing
of
a
Federal
Trade
Commission
member
and
give
a
historic
boost
to
presidential
power
while
also
imperiling
a
90-year-old
legal
precedent..................
The conservative justices appeared sympathetic to the Trump administration's arguments that tenure protections given by Congress to the heads of independent agencies unlawfully encroached on presidential power under the U.S. Constitution.
PHOTO CREDIT EUGENE DELGAUDIO DURING JUDICIAL NOMINATION BATTLE OUTSIDE SUPREME COURT