This case arises from the Trump administration’s attempt to dismiss Susan Tsui Grundmann from the Federal Labor Relations Authority.
Grundmann challenged her removal and the federal district court in Washington, D.C. ruled in her favor. The Trump administration appealed to the federal court of appeals for the D.C. Circuit. (In the interim, the circuit court granted the administration’s request to remove her from her seat pending the court’s ultimate ruling in the case.)
Legal historian and Historians Council Member Professor Jane Manners filed an amicus brief centering on the history of the presidential removal authority. It argues that the President has no inherent authority to remove independent agency officers at will and that Congress can place certain limitations on the president. The brief surveys the history of these limitations, which were derived from common law and state law precedents, deployed by early American state legislatures, codified by Congress in the 19th century without any constitutional controversy, and adapted routinely to create new independent agencies throughout the 20th century.
