Seth Kaufman Seth Kaufman

Taking Stock of All The Removal Cases

The Trump Administration is challenging removal precedents across federal agencies and "boundary organizations." With nine active federal cases, two distinct legal patterns are emerging based on whether officers are "inferior" or "principal," while the Supreme Court's recent stay suggests the key question will be what constitutes "executive power."

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Seth Kaufman Seth Kaufman

Humphrey’s Executor Watch Update: DC Circuit holds oral argument on MSPB and NLRB firings

The D.C. Circuit heard oral arguments on Trump's removal of MSPB and NLRB board members, with judges struggling to define which agencies wield "substantial executive power" under Humphrey's Executor. The Justice Department's refusal to clarify the scope of their argument left judges concerned about broader implications for the Federal Reserve and other agencies.

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Seth Kaufman Seth Kaufman

Update on Presidential Control Over Independent Entities

An updated count shows the Administration has now targeted 20 independent entities with leadership removals, including the Corporation for Public Broadcasting, which filed suit after three Democratic board members were fired. The systematic pattern now includes 8 active federal lawsuits challenging these removals.

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Seth Kaufman Seth Kaufman

Overzealous union-busting

Trump's executive order eliminating collective bargaining across federal agencies stretches national security exceptions far beyond their intended scope, using dubious justifications to target agencies with minimal security functions.

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Seth Kaufman Seth Kaufman

Fired IGs Case Update - “The Process is important.”

A federal judge indicated she'll likely rule that inspectors general are "inferior officers" and that the President failed to follow statutory removal procedures. The judge emphasized that "the process is important" but showed reluctance about whether to reinstate the fired IGs.

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