In 2020, President Trump lawfully appointed Sean Spicer and Russ Vought to serve three year terms on the Board of Visitors for the Naval Academy. In an unprecedented move, the Biden Administration attempted to remove them and replace them with radical left-wing progressive ideologues.
AFL sued President Biden and his Administration to prevent the removal of Mr. Spicer and Mr. Vought from their respective positions.
The case was dismissed by the District Court. While on appeal, the U.S. Court of Appeals for the D.C. Circuit ruled, in a parallel case (Severino v. Biden, et al.), that a presidential appointee in a similar position was removable at will by the President. The parties to our case agreed to dismiss the appeal. In the end, the D.C. Circuit has now clarified the extent of the President’s removal authority for such positions, which will be helpful for all future administrations to understand.