DOJ Asks Supreme Court to Stay Slaughter’s FTC Reinstatement
The federal government is likely to show the U.S. Supreme Court that the president has constitutional authority to remove agency officers who have “substantial executive power,” DOJ argued Tuesday in support of President Donald Trump firing FTC commissioners (see 2509150054).
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“Article II authorizes the President to remove, at will, ‘those who assist him in carrying out his duties,’ including, at a minimum, principal officers who exercise ‘substantial executive power,” said DOJ in its filing. “This Court thus determined in Wilcox and Boyle that the government was likely to show that Article II authorizes the President to remove NLRB, MSPB, and CPSC members at will.”
DOJ asked the high court to stay a district court decision reinstating Commissioner Rebecca Kelly Slaughter “pending the resolution of the government’s appeal to the U.S. Court of Appeals for the D.C. Circuit and pending any proceedings in this Court.”