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NCLA Asks the Supreme Court to Affirm President's Absolute Power to Fire Executive Branch Officials
AffirmAffirm(US:AFRM) GlobeNewswire News Roomยท2025-02-19 01:41

Core Argument - The New Civil Liberties Alliance (NCLA) filed an amicus curiae brief urging the U.S. Supreme Court to vacate a district court's temporary restraining order that requires President Trump to reinstate Hampton Dellinger, emphasizing the President's absolute constitutional authority to remove Executive Branch officials [1][2]. Separation of Powers - The Constitution grants all executive power to the President, which includes the authority to remove subordinates without restriction, as confirmed by recent Supreme Court rulings [2][4]. - The President's removal authority is unqualified, contrasting with the appointment power that requires congressional approval, thus allowing the President to maintain control over Executive Branch officials [2][3]. Judicial Overreach - A federal district court judge overstepped by attempting to prevent the President from exercising his removal power, which is not within the judge's authority [3]. - The NCLA argues that prior lawsuits from fired officials typically seek back pay rather than reinstatement, highlighting the inappropriate nature of the district court's order [3]. Statements from NCLA - NCLA representatives assert that the lower court's order undermines the constitutional separation of powers and the accountability of the President to the voters [4]. - The organization emphasizes that the President alone is responsible for staffing the Executive Branch, reinforcing the need for the Supreme Court to protect the President's constitutional authority [4].