SCOTUS is once again avoiding the big issues in Lucia vs. SEC, where they ruled that the SEC judges are improperly selected, and David Savage in the Los Angeles Times explains the issue that was avoided:
But his case reopened a profound dispute over the chief executive’s power to control and remove officials throughout the U.S. government. Since the late 19th century, Congress has extended civil service protection to the vast number of federal employees. Some top appointees are also protected from firing except for “good cause.” They include Mueller, who under the regulations can be removed by Deputy Atty. Gen. Rod Rosenstein only for “misconduct, dereliction of duty, incapacity, conflict of interest or other good cause.”
Usually, administration lawyers defend federal agencies like the SEC in matters before the high court. But in this case, Trump’s lawyers switched sides and urged the justices to rule against the SEC and say the president has the authority to “remove” all officers of the United States.
“The Constitution gives the president what the framers saw as the traditional means of ensuring accountability: the power to oversee executive officers through removal,” Solicitor Gen. Noel Francisco told the court in February. “The president is accordingly authorized under our constitutional system to remove all principal officers, as well as all ‘inferior officers’ he has appointed.”
Firing at anyone will sounds like a power trip to me – and may unduly influence folks who need to be politically neutral in their jobs.
