What does a BIDEN Presidency look like?

[OttoVonBismarck]

If I recall correctly there was a USSC ruling within the last few years that said any appointment that said the President could only terminate "with cause" was unconstitutional, and converted those positions to be held at the pleasure of the President.  The court case wasn't commenced by the Trump DOJ but was argued by them in the Supreme Court, and Trump was liberal with firing people associated with the Obama administration (go figure).

So it might be unprecedented, but only because the law changed in the last few years.

This is a little off base, I believe the decision held that "unitary agency" heads, like the head of the CFPB and similar entities, cannot be protected from Presidential at will firings. I believe committee selected officials selected by congressionally created committee bodies ala the Postmaster General, Federal Reserve chair, FCC chair etc are still insulated from at will firing.

[The Minsky Moment]

This is a little off base, I believe the decision held that "unitary agency" heads, like the head of the CFPB and similar entities, cannot be protected from Presidential at will firings. I believe committee selected officials selected by congressionally created committee bodies ala the Postmaster General, Federal Reserve chair, FCC chair etc are still insulated from at will firing.

Its a bit more complicated. In Lucia v. SEC, the Court held that SEC administrative law judges are subject to the appointments clause and the SEC is a Congressionally created commission similar to the FCC.  On the other hand, Humphrey's Executor - a case in the 30s, held that the President couldn't remove an FTC commissioner because the commissioner performed "quasi-legislative" functions.

The Supreme Court revisited this issue in the CFPB case but did not provide a clear resolution. It did distinguish the FTC based on the fact that the CFPB is not a "mere legislative aid" but possesses significant executive-type authority and because the the FTC was a multi-member commission with partisan balance.  That distinction, however, is pretty dubious because the FTC obviously does exercise executive-like and enforcement authority - a fact the Supreme Court nodded to in the CFPB case by saying that finding was made "rightly or wrongly."  And in Lucia the appointments clause was applied to the SEC, also a commission with partisan balance.

The reality is that the modern Court doesn't like the older precedents that restrict Presidential authority to fire officers but hasn't gotten up the gumption to over-rule them.  It (fairly) views Humphrey's Executor as an anomaly - part of the 30s era Supreme Court's early New Deal backlash against FDR before the court packing threat and the "switch in time to save nine."  But instead of over-ruling it, the Court just keeps distinguishing it.

These policy and service boards don't fit nicely into either box.  They are neither "quasi-legislative" nor "quasi-executive" - they are just fluff.  My sense is that the Court would uphold this action and they probably should if it was tested.  That doesn't mean Biden was right in the way he did it; for example, I don't think its credible to say that McMaster was unqualified for that position.  Biden faced a choice between firing the whole slate or making distinctions that would be perceived and criticized as personal attacks on the individuals so distinguished and opted for the former.

[The Minsky Moment]

I should probably also note that there were 4 votes for a very different approach on Congressional power to restrict dismissals so its not entirely inconceivable that the law could go the other way.

[Syt]

Does Kellyanne Conway have a military background?

[Zoupa]

 

Wish we still had POTM.

[Jacob]

Wish we still had POTM.

I think all you need to do is do it... ask for nominations, make a poll.

[DGuller]

I think the problem with POTM was that eventually people were crafting elaborate posts to get the nomination, and then others nominated it just to reward the effort that was involved.  It took the spontaneity out of it.

[PDH]

I think the problem with POTM was that eventually people were crafting elaborate posts to get the nomination, and then others nominated it just to reward the effort that was involved.  It took the spontaneity out of it.

So you never won?  Shame.

[The Brain]

I think the problem with POTM was that eventually people were crafting elaborate posts to get the nomination, and then others nominated it just to reward the effort that was involved.  It took the spontaneity out of it.

So you never won?  Shame.

In fairness he was under orders to keep a low profile.

[Eddie Teach]

He shouldn't have told us that blueberry story then.

[The Minsky Moment]

Syt: I don't think Sgt. Pepper's Lonely Hearts Club Band counts as military.

At least it isn't US military.

[Syt]

Syt: I don't think Sgt. Pepper's Lonely Hearts Club Band counts as military.

I thought she was cosplaying as French Line Infatry:

[Caliga]

[Josquius]

Not sure if there was a proper announcement elsewhere or its government by twitter continuing but... Interesting one from Biden today. Bloomberg tax is on.

[jimmy olsen]

First returns from California

1. Should Gov. Newsom be removed from office?
Answer   Total Votes   Pct.
No   
1,420,076
64%
Yes   
800,827
36%