Overview
- Nelson’s NYU Democracy Project essay argues the Constitution’s text and history are equivocal on Article II removal power and support congressional authority to restrict at‑will firing of executive officers.
- Major outlets report the Supreme Court is widely expected to broaden presidential control, potentially narrowing or overturning Humphrey’s Executor and weakening statutory protections for independent agencies.
- Reactions split as William Baude calls the essay a bombshell and Richard Pildes says it undercuts an originalist rationale, while Reason’s Josh Blackman doubts it will influence the justices.
- Key disputes this term involve officials at the Federal Trade Commission and the Federal Reserve, with matters tied to FTC Commissioner Rebecca Slaughter and Fed Board member Lisa Cook awaiting resolution.
- Analysts note the court has granted emergency relief that enabled the administration to proceed on major policies and stayed some restraints on removals, underscoring the practical stakes of forthcoming decisions.