Overview

• University of Virginia professor Caleb Nelson argues that constitutional text and history permit Congress to limit presidential removal of executive officials.
• Nelson’s Sept. 29 essay appeared in NYU Law’s Democracy Project and carries unusual weight given frequent Supreme Court citations to his scholarship.
• University of Chicago’s William Baude labeled the piece a “Bombshell,” and NYU’s Richard Pildes said it questions an originalist basis for the Court’s expected approach.
• The Supreme Court is scheduled to hear arguments in December on whether the president can fire officials for any or no reason despite statutory protections, and coverage says the Court seems likely to side with the president.
• Chief Justice John Roberts has previously endorsed strong removal authority and has moved to narrow Humphrey’s Executor, the 1935 precedent allowing limits on presidential firing power.