CU Joins Amicus Brief in Trump v. Wilcox (Article II Appointment Power)

“The Government’s Application for Stay raises vital issues of law that fully justify this Court treating it as a petition for writ of certiorari before judgment and granting it. Too many lower courts imposing injunctions against the Trump Administration have tainted their decisions with political observations. Whether the President of the United States has the authority under Article II to remove members of multi-member agencies exercising executive power, even when Congress has purported to limit that authority, should be addressed sooner, not later. The power to remove is inherent in the President’s appointment powers under Article II, and to the extent this Court’s decision in Humphrey’s Executor conflicts with those powers, it should be overturned. The proper analysis of these issues was expressed by this Court in its 1926 decision in Myers, but the district court was unnecessarily critical of that decision, describing it as “unreliable” and
“prolix.” So-called “independent agencies” are antithetical to our constitutional structure of government answerable to the People. Indeed, with the vast expansion of federal powers and the growth of the administrative state, it becomes even more necessary that the People have the power to elect a President who can effect real change in the government, for the preservation of individual liberty.”