The Power of the US President to fire people that Congress intended to be ‘Independent ‘ of his political will is going back to the US Supreme Court….
Federal Trade Commission…..
The Supreme Court just over a month ago expanded presidential power when it struck down removal protections for members of the Federal Trade Commission, clearing the way for the president to fire members of certain independent boards and commissions at will.
But as the high court considered the legality of Congress’ efforts to shield those officials from political pressure, legal fights arising from President Trump’s attempts to fire an array of other federal workers — from Justice Department lawyers to immigration judges to FBI agents — have been moving through the federal courts.
The cases could pose the next test of presidential power and have significant implications for civil service protections that have been in place since the late 1970s and the federal workers covered by them, legal scholars say.
“The question of whether we can have a civil service staffed by individuals who are selected and retained based on their expertise, qualifications and employment performance, rather than the political ideology of the president is the entire foundation of our modern system of administrative governance,” Nicholas Bednar, a University of Minnesota law professor who has studied the civil service, told CBS News.
Since the start of his second term, Mr. Trump has undertaken sweeping efforts to reshape the federal government. As part of his plans, which include downsizing the executive branch, more than 25,000 government workers who were still in their probationary periods were terminated and agencies implemented plans for mass layoffs, called reductions in force.
But for hundreds of other civil servants — those considered “inferior officers,” as well as employees — the president has invoked Article II of the Constitution to fire them outside of procedures dictated by civil service laws, arguing it is an exercise of his executive power. “Inferior” executive branch officials may be appointed by the president or the head of a department, and they’re generally supervised by principal officers, who are nominated by the president and confirmed by the Senate.
Mr. Trump’s firings of those federal officials are now on a track headed for the Supreme Court, as a federal appeals court is poised to hear arguments this fall in a case brought by two former immigration judges, Megan Jackler and Brandon Jaroch, who were terminated in February 2025. While cases before appeals courts are typically heard first by three-judge panels, the Federal Circuit in June granted Jackler and Jaroch’s request for its full slate of judges to consider their case from the outset — an indication that it recognizes the importance of the dispute…..
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Lisa Cook from the Federal Reserve….
President Donald Trump is moving forward with his attempt to remove Lisa Cook from the Federal Reserve over unproven allegations of mortgage fraud, sources say, in a move that is likely to spark a new legal battle over the independence of the central bank.
In a letter this week, the White House notified Cook that the president was “considering” removing her from her role on the Federal Reserve Board of Governors and demanded that she respond to the allegations within three weeks, sources familiar with the letter told ABC News.
The move follows a Supreme Court ruling in June that upheld limits on the president’s attempt to remove members of the Federal Reserve stemming from the institution’s historical independence.
In a 5-4 decision, Chief Justice John Roberts said Cook was entitled to notice and an opportunity to respond to the allegations before she is removed “for cause.” But the Supreme Court did not take a position on the underlying allegations against Cook and effectively left the door open for Trump to attempt to remove her.
“Only after Cook has had the opportunity to respond to the charges made against her … may a final decision be made,” Roberts wrote. “And only then can the courts assess the validity and sufficiency of such charges.”
Following the decision, Trump signaled on social media that he would “take appropriate action immediately” to remove Cook from her position. ….
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The allegations against Cook stem from two referrals made by Bill Pulte, a fierce ally of the president currently serving as the director of the Federal Housing Finance Agency as well as the chairman of Fannie Mae and Freddie Mac. In those roles, Pulte has made multiple criminal referrals against several of Trump’s critics, including New York Attorney General Letitia James, Sen. Adam Schiff.
Pulte briefly served as Acting Director of National Intelligence, during which he fired a third of his office and sparked bipartisan concernabout his lack of national security experience and willingness to target the president’s political opponents….
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“Cook is one of seven members of a Board that is, by design, not intended to be susceptible to policy pressure, let alone tasked with implementing the President’s agenda,” U.S. District Judge Jia Cobb wrote.
In a 5-4 decision, the Supreme Court narrowly upheld those rulings and reiterated the Federal Reserve’s unique role in overseeing the economy and its structural independence from the executive branch.
“Any change in that scheme must come from Congress, not the courts,” Chief Justice John Roberts wrote. “That is why we cannot accept the Government’s contentions in this case. To do so would allow the President to remove a member of the Federal Reserve at any time, for any reason, without any notice before, and without any judicial check after.”
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