The U.S. Department of Justice (DOJ), led by Acting Solicitor General Sarah Harris, is challenging the legal precedent established by the Supreme Court in Humphrey's Executor v. United States. In a letter to Senator Richard Durbin, Harris indicated that the DOJ intends to urge the Supreme Court to overturn this ruling, which has historically restricted the President's power to remove executive-branch officers without cause. The letter argues that the 'for cause' restrictions codified in various federal agency statutes infringe upon the constitutional prerogatives of the President. This move follows the recent striking down of Chevron Deference, which had previously guided judicial deference to administrative agencies' interpretations of law. Legal experts have noted that the implications of this challenge could significantly alter the relationship between the executive branch and independent agencies, which were originally designed to operate in a non-partisan manner.
On Wednesday, Acting Solicitor General Sarah Harris wrote Senator Richard Durbin that the Justice Department intends to urge the Supreme Court to overrule Humphrey’s Executor v. United States. As an early exception, Humphrey’s Executor has provided an excuse for the vast… https://t.co/0SqslSDcql
Two weeks ago, I told my radio audience that they were about to hear a great deal about Humphrey’s Executor. Yesterday, the acting Solicitor General notified Congress of the Department of Justice’s intent to ask the Supreme Court to overturn Humphrey’s Executor. Here’s why that… https://t.co/N7blOkNzVd
Acting U.S. Solicitor General Sarah Harris, in her letter, stated that such a "for cause" restriction on the president's authority—now codified in many federal-agency statutes—violates the chief executive's constitutional prerogatives. https://t.co/TUnHxJdm3G