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Re: RumplePigSkin post# 635403

Sunday, 10/04/2020 3:22:10 PM

Sunday, October 04, 2020 3:22:10 PM

Post# of 794285
"Bcde - in the 5th circuit and in Seila - the single vs multi is a very important distinction. Even at face value, a ton of agencies would be invalidated with the idea there is no difference - don’t die on that hill defending multi vs single"


You can read and decide for yourself. It easy to understand.

https://www.supremecourt.gov/opinions/19pdf/19-7_new_bq7d.pdf

page 2:
Free Enterprise Fund left in place only two exceptions to the President’s unrestricted removal power. First, Humphrey’s Executor permitted Congress to give for-cause removal protection to a multimember body of experts who were balanced along partisan lines, appointed to staggered terms, performed only “quasi-legislative” and “quasi-judicial functions,” and were said not to exercise any executive power.

Second, Morrison approved for-cause removal protection for an inferior officer—the independent counsel—who had limited duties and no policymaking or administrative authority. Pp. 11–16.

Page 16:
These two exceptions—one for multimember expert agencies that do not wield substantial executive power, and one for inferior officers with limited duties and no policymaking or administrative authority—“represent what up to no whave been the outermost constitutional limits of permissible congressional restrictions on the President’s removal power.”