WASHINGTON, D.C. – America First Legal (AFL), partnering with Boyden Gray PLLC and Givens Pursley LLP, has filed an amicus brief in Robert P. Storch v. Pete Hegseth in the U.S. District Court for the District of Columbia to support former Inspector General (IG) of the U.S. Department of Transportation Eric J. Soskin in defending the President’s constitutional authority to remove presidentially appointed officials at will under Article II of the U.S. Constitution.
In its brief, AFL argues:
- Presidential at-will removal authority over appointed officials is the overwhelming default rule.
- The Supreme Court has carved out limited exceptions to the President’s removal power but these do not apply to Inspectors General.
- Granting relief to the plaintiffs would set a dangerous precedent, undermining the accountability of Executive Branch officials.
AFL argues that the IG law, correctly interpreted, allows Inspectors General to continue their work under the leadership of politically accountable appointees selected or retained by the President without undermining vital constitutional accountability to the President and, through him, to the American people.
This argument follows the recent opinion dismissing Spicer v. Biden; in a parallel case, Severino v. Biden et al, the court ruled that a presidential appointee in a similar position was removable at will by the President.
AFL will continue to defend the constitutional rights of the President to ensure accountability throughout the government.
Statement from Dan Epstein, America First Legal Senior Vice President:
“Every recent law graduate taking the bar exam studies that it is black letter constitutional law that Congress cannot encumber the President’s decision to remove a principal law enforcement officer. Our client has reminded the court of that principle — a principle that is essential to allowing both an energetic presidency and one where the President is the exclusive representative of his own branch,” said Dan Epstein.
Read the amicus brief here.
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