Now the good news. As noted by Justice Thomas, this decision when contrast against the Lisa Cook decision does not find alignment.
By a vote of 6-3, the justices struck down a federal law that bars the president from firing members of the Federal Trade Commission except in cases of “inefficiency, neglect of duty, or malfeasance in office.” [PDF Ruling Here] That law, a majority of the justices ruled, violates the constitutional separation of powers between the three branches of government.
This lengthy 108-page decision supports the Unitary Theory of government in that the President can remove any agency head within the Executive Branch through plenary power, and the Legislative Branch and Judicial Branch cannot interfere. This is a major win for President Trump and beyond.
(6-3) Chief Justice ROBERTS delivered the opinion of the Court, in which ALITO, GORSUCH, KAVANAUGH and BARRETT joined, and in which THOMAS joined as to all but Part III–B. [GORSUCH filed a concurring opinion.] Justice SOTOMAYOR filed a dissenting opinion, in which KAGAN and JACKSON joined.
SCOTUS Blog – […] “Monday’s decision was a major victory for proponents of the “unitary executive” theory – the idea that the president should have complete control over the executive branch. Under this theory, the president should be able to fire any member of the executive branch, and laws – like the one that the court struck down – that restrict his ability to do so violate the separation of powers. Writing for the majority, Chief Justice John Roberts contended that “the President must have the assistance of officers he can trust. Although it is up to the Senate to decide whether to confirm those with whom the President would prefer to work, neither Congress nor the courts may saddle him with those with whom he cannot work. Subordinates who exercise the President’s power are subject to removal by him. Then, and only then, can they remain accountable to the President, and the President to the people.” (more)
