Court says Trump can fire Biden appointees
The Supreme Court ruled in a 6-3 decision Thursday that President Donald Trump has the authority to fire independent federal regulators in a major affirmation of the executive branch’s authority.
The high court granted the Trump administration’s request to pause orders by federal judges that required government officials to allow board members at two independent federal agencies to stay in office after President Trump attempted to fire them. Chief Justice John Roberts had already issued an administrative stay, which temporarily put those orders on hold while the court reviewed the administration’s requests.
In effect, Thursday’s ruling extends that order while the litigation continues at the appellate court level and if necessary, the Supreme Court for a final ruling.
In an unsigned two-page order, the high court explained that the decision “reflects our judgment that the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty.”
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Trump prevailed in this battle, and that is probably a good thing for the presidency. The court held that the President should be able to hire and fire employees at will.
See however:
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Supreme Court Stymies Trump’s Fight to Secure America’s Borders
President Donald Trump’s efforts to protect the nation through decisive immigration enforcement have once again been thwarted by an overreaching judiciary, this time with the Supreme Court itself standing in the way. On Friday, the high court blocked the Trump administration from utilizing the Alien Enemies Act to deport two allegedly illegal Venezuelan migrants, identified as members of the dangerous Tren de Aragua, a designated foreign terrorist organization. This decision, which undermines the executive branch’s authority to safeguard American citizens, has sparked sharp criticism from those who see the judiciary as increasingly hostile to the president’s agenda.
Judge James Ho, a principled Trump appointee on the 5th U.S. Circuit Court of Appeals, issued a fiery concworker of the high court’s ruling. Ho expressed frustration with the Supreme Court’s interference, noting that it overturned the appeals court’s unanimous decision that the case should be dismissed due to a lack of jurisdiction. The circuit court had ruled that the dangerous migrants in question had no right to proceed with their appeal, a stance now reversed by the Supreme Court’s overreach.
“As an inferior court, we’re duty-bound to follow Supreme Court rulings – whether we agree with them or not. We don’t have to like it. But we have to do it,” Ho wrote in his opinion. His words reflect a growing sentiment among supporters of the administration: the judiciary’s relentless obstruction of Trump’s policies threatens to erode the balance of power between branches of government. By halting deportations of individuals tied to a terrorist organization, the Supreme Court is not only undermining national security but also disrespecting the will of the American people, who elected Trump to prioritize their safety.
Ho’s critique extended beyond this case, as he voiced “sincere concerns about how the district judge as well as the President and other officials have been treated in this case.” The judiciary’s dismissive attitude toward the executive branch’s authority risks alienating the public and eroding trust in the courts. “I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function,” Ho continued, highlighting the dangerous precedent set when courts overstep their bounds and interfere with the president’s constitutional duty to enforce the law.
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I think Judge Ho has the better argument.
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