Post AtarJEZuebB9pOX58a by Nonilex@masto.ai
(DIR) More posts by Nonilex@masto.ai
(DIR) Post #AtaLQCtC8Q5Y5EpgNU by Nonilex@masto.ai
2025-04-29T13:57:57Z
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#SCOTUS may shape #Trump's ability to fire #Fed chairWhen SCOTUS rules on Trump's effort to remove 2 federal labor board members, #FederalReserve Chair #JeromePowell will be watching for clues about his own job.Trump's firings of 2 #Democratic #labor board members despite legal protections for the positions has emerged as a key test of his efforts to bring under his sway #FederalAgencies meant by #Congress to be #independent from a president's direct control.#law https://www.reuters.com/world/us/us-supreme-court-fight-may-shape-trumps-ability-fire-fed-chair-2025-04-29/
(DIR) Post #AtaLjk9iftrUlAsTlQ by Nonilex@masto.ai
2025-04-29T14:01:28Z
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At issue in the dispute over #Trump's dismissals of Cathy Harris from the Merit Systems Protection Board [#MSPB] & Gwynne Wilcox from the National #Labor Relations Board [#NLRB] is whether safeguards passed by #Congress to prevent ofcls in these posts from being fired w/o cause encroach on #PresidentialAuthority set out in the US #Constitution. Harris & Wilcox were appointed by the Republican president's Democratic predecessor Joe #Biden, & both had years left on their terms.#law #SCOTUS
(DIR) Post #AtaM5ep9B9tqauhjsG by Nonilex@masto.ai
2025-04-29T14:05:26Z
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The cases are being watched as potential proxies for whether #Trump has the #authority to fire #Fed officials, particularly after his recent criticism of #JeromePowell shook #financial #markets & fueled questions about the US central bank's ability to pursue monetary policy free from political interference.Powell’s term as Fed chief expires in May 2026 unless reappointed. His 14-yr term on the Fed's Board of Governors is set to run through Jan 2028.#economy #law #SCOTUS
(DIR) Post #AtaMH4nWwtHuKvOReK by Nonilex@masto.ai
2025-04-29T14:07:30Z
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Members of the #Fed's Board of Governors, like the #labor board members, have "for-cause" removal #protections meant to let a president fire them only for reasons such as inefficiency or malfeasance, not policy disagreement.#Legal experts said that if #SCOTUS decides to eliminate removal protections for the 2 labor boards, it *may try* to create an exception that would insulate #FederalReserve officials like #JeromePowell in a bid to preserve the Fed's #independence.#economy #law #Trump
(DIR) Post #AtaMl30u9BydURwMS0 by Nonilex@masto.ai
2025-04-29T14:12:55Z
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#SCOTUS gestured in this direction in a footnote to a 2020 ruling that suggested that the #Fed may be able to "claim a special historical status" entitling it to a greater degree of distance from presidential control than other #independent agenciesOther legal grounds have been offered for why the Fed should be more insulated from presidential control, including an argument by some conservative judges & advocates that the central bank does not wield substantial #ExecutivePower.#law #Trump
(DIR) Post #AtaN1QREp38Wm34Dui by Nonilex@masto.ai
2025-04-29T14:15:53Z
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But legal scholars who found the rationales unconvincing said there is no principled reason for treating the #Fed differently than the #labor boards under a series of #SCOTUS rulings that have upheld for-cause protections for agencies."If the court carves out a special exception for the #FederalReserve, it will appear that the justices are not applying #ArticleII but legislating from the bench & substituting their personal policy preferences," said Christine Chabot.#Trump #ActivistCourt #law
(DIR) Post #AtaNBWq1smvRWDTrSy by TCatInReality@mastodon.social
2025-04-29T14:17:41Z
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@Nonilex At least 5 SCOTUS justices have no trouble appearing to legislate from the bench (or lie under oath about their willingness to do so)#CorruptSCOTUS
(DIR) Post #AtaNIRLMi4IkVLQvjM by Nonilex@masto.ai
2025-04-29T14:18:57Z
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Harris & Wilcox filed separate legal challenges to their firings, leading 2 Washington-based federal judges to block their removal under a 1935 #SCOTUS precedent in a case called Humphrey's Executor v. United States. In that ruling, the court rebuffed Democratic President Franklin Roosevelt's attempt to defy protections for #FTC members.Chief Justice #JohnRoberts on April 9 granted the Trump admin's request to temporarily halt the judicial orders that had kept Harris & Wilcox in office.#law
(DIR) Post #AtarJ92lEQgof7z2Gm by Nonilex@masto.ai
2025-04-29T14:23:26Z
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The #labor boards after that decision confirmed the officials were no longer in their posts.The action by Roberts gave the justices more time, while #Trump keeps Harris & Wilcox sidelined as legal challenges proceed. The decision could come at any time.#DOJ attys asked #SCOTUS to consider hearing arguments on a fast-track basis on whether the labor board protections encroached on #PresidentialPower & whether Humphrey's Executor was wrongly decided & should be overruled.#law #ActivistCourt
(DIR) Post #AtarJ9ytkHC5ZRBSt6 by dbc3@mastodon.world
2025-04-29T14:26:47Z
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@Nonilex This afmi is exhausting just to read about. Your work to read, understand, and explain is priceless. Thank you!
(DIR) Post #AtarJEZuebB9pOX58a by Nonilex@masto.ai
2025-04-29T14:29:22Z
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…The fate of the statutory protections in question rests on how #SCOTUS treats Humphrey's Executor & related rulings. In the 1935 ruling, the court upheld for-cause removal protections for FTC members, faulting Roosevelt's firing for policy differences.In that decision, SCOTUS said restricting a president's removal was lawful because that agency performed tasks more closely resembling #legislative & #judicial functions, rather than those belonging squarely to the #ExecutiveBranch.#law
(DIR) Post #AtarJK608iokwMaHLc by Nonilex@masto.ai
2025-04-29T14:32:51Z
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The #Constitution set up a #SeparationOfPowers among the federal government's #coequal #executive, #legislative & #judicial branches.Proponents of a *conservative* legal doctrine called the "#UnitaryExecutive" theory that envisions vast executive authority for a president portray Humphrey's as wrongly decided. They argue that #ArticleII gives a president sole authority over the executive branch, including the power to fire heads of #independent agencies despite protections under #law.#Trump
(DIR) Post #AtarJPEh1pk0slgn5c by Nonilex@masto.ai
2025-04-29T14:37:43Z
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#SCOTUS in recent decades narrowed the reach of Humphrey's Executor but stopped short of overruling it. In a 2020 ruling that upheld Humphrey's, it said #ArticleII gives the president the general power to remove heads of agencies at will, but that the Humphrey's Executor decision had carved out an exception that allowed for-cause removal protections for *certain multi-member, expert agencies*.[2020 case was Seila Law LLC v CFPB. The June 29, 2020 decision was 5–4]#law #ActivistCourt #Trump
(DIR) Post #AtarNMbsjYrftdQGkS by Nonilex@masto.ai
2025-04-29T14:42:13Z
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@dbc3 What is “afmi”?