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Saturday, July 10, 2021 7:11:30 AM
"Saul, whose six-year term was set to end in January 2025.
The Justice Department's Office of Legal Counsel signed off on Biden's move, concluding that two recent Supreme Court decisions including on Calabria indicate that Congress' effort to limit the president's dismissal power over the Social Security commissioner is unconstitutional. In another case last year, the court ruled that Congress could not limit the president's power to dismiss the head of the Consumer Financial Protection Bureau.
Biden and other administration officials have been sued by one Trump appointee they fired. Roger Severino, who was appointed to the council of the Administrative Conference of the United States in the final days of Donald Trump's presidency, said the Biden administration requested his resignation on Feb. 2. If he did not accept, he alleged, he would be removed from his post. He filed the lawsuit on Feb. 3.
The latest court filing from Thursday fleshes out the administration's argument that the president has broad power to dismiss appointees like Severino or Saul.
"Because the President possessed the statutory authority to terminate Severino’s service, and no constitutional bar precluded his exercise of that authority, the amended complaint fails to state a claim for which relief can be granted," reads the document, in which administration attorneys have moved to dismiss the case.
Saul, 74, a wealthy former women's apparel executive and prominent Republican donor, was confirmed as SAA commissioner in early 2019. He was formerly a trustee at the Manhattan Institute for Policy Research, a conservative think tank that has called for cuts to Social Security benefits. The agency pays out more than $1 trillion a year to about 64 million Americans."
https://www.politico.com/news/2021/07/09/biden-fires-social-security-commissioner-499009
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