Of course, Trump will appeal to the Supremes now.
But as the opinion and the below indicate -- the Supremes have spoken, this year in very similar cases. Humphrey's Executor is still good law. Tangerine 2.0 will lose at the Supremes. Here's the latest:
. . .President Trump fired Federal Trade Commissioner Rebecca Slaughter without cause. The district court ordered her reinstatement. The government now seeks a stay of that decision pending appeal. That motion must be denied. The government has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent.
Specifically, ninety years ago, a unanimous Supreme Court upheld the constitutionality of the Federal Trade Commission Act’s for-cause removal protection for Federal Trade Commissioners. See Humphrey’s Executor v. United States, 295 U.S. 602 (1935). Over the ensuing decades -- and fully informed of the substantial executive power exercised by the Commission -- the Supreme Court has repeatedly and expressly left Humphrey’s Executor in place, and so precluded Presidents from removing Commissioners at will. Then just four months ago, the Supreme Court stated that adherence to extant precedent like Humphrey’s Executor controls in resolving stay motions.
To grant a stay would be to defy the Supreme Court's decisions that bind our judgments. That we will not do. . . .
Trump is likely to rage (impotently) tonight, into the void of his 'Truth' platform. Hilarious.
नमस्ते







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