Margot Cleveland
@ProfMJCleveland
🚨🚨🚨BREAKING: Trump win in case involving his firing of executive officials. Lawyer version thread to be followed by layman's thread. 1/
2/ Opinion here of DC Court of Appeals decision in consolidated appeals of Harris and Wilcox. Trump fired Harris from Merit Protections Review Board and Wilcox from NLRB. https://storage.courtlistener....
3/ WHOA! I did NOT see this coming. Rather, I predicted the Court would grant the stay because court's couldn't order reinstatement and punting issue if statutes limiting Trump's firing ability violated Humphrey's. BUT that might be Walker's only view...still reading.
4/ From Henderson's concurrence:
5/ So, Judge Walker's opinion is a treatise on the president's power to fire executive officials. I'm not going to summarize other than to say he think SCOTUS has gutted Humphrey's Executor but that it is for SCOTUS to overrule & him to apply narrowing & under that Trump wins.
6/ Judge Henderson says she agrees with Walker but it is a closer question BUT for stay purposes she agrees stay is appropriate because on at this stage we don't expand Humphrey's when SCOTUS has only narrowed & when irreparable harm is too Trump.
7/7 Walker's veritable treatise tees up Humphrey's Executor for SCOTUS nicely or will do so soon when the decision on merit's is entered. Until then, Harris & Wilcox...