Judge highly skeptical of Trump admin 'unitary executive theory' arguments during hearing

[BumRushDaShow]

Source: Law & Crime

Mar 5th, 2025, 2:08 pm


A federal judge was clearly dismayed by arguments from the government during a Wednesday afternoon hearing over the fate of a member of the National Labor Relations Board who was fired by President Donald Trump upon his return to the White House. U.S. District Judge Beryl A. Howell, a Barack Obama appointee, unsparingly quizzed lawyers for both sides in the dispute about whether Gwynne A. Wilcox could be reinstated on the NLRB.

But while the questions were generally piercing across the board, the judge decidedly and repeatedly expressed unease with the “unitary executive theory” being advanced by the Trump administration. “The theory that has been pressed … is basically saying Congress doesn’t even have the power to set some conditions on the removal power at all,” Howell said at one point. “It’s up to presidential whims.”

The issue before the court is whether or not the president, by way of a late-night email sent by a subordinate, was within his rights to fire Wilcox, a Joe Biden appointee, simply because the administration views her as a “far-left” appointee who is not the right ideological fit.

Readers may recall that this very issue is currently snaking its way through several different cases in the D.C. District Court system. The administration has similarly moved to fire, on a purely political basis, members of the Merit Systems Protection Board and Office of the Special Counsel. In each instance, however, the plaintiffs have won reprieves from judges — and maintained their jobs. And, in each lawsuit, the same 1935 Supreme Court case has proven decisive.

Read more: https://lawandcrime.com/high-profile/absolute-presidential-power-judge-highly-skeptical-of-trump-admin-unitary-executive-theory-arguments-during-hearing-over-firing-of-biden-appointed-labor-board-member/

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Full headline: ‘Absolute presidential power’: Judge highly skeptical of Trump admin ‘unitary executive theory’ arguments during hearing over firing of Biden-appointed labor board member

[Baron2024]

1. The Unitary Executive Theory

The Unitary Executive Theory is just garbage and I am glad that this Judge understands that. I hope that it is ruled against when the matter gets to the Supreme Court. Even a conservative Justice may recognize that it is unconstitutional and denies the powers of the Congress and places too much power in the hands of the Executive. I hope that enough conservatives on the Supreme Court maintain their constitutional principles and rule against this "theory". God help us if they do not.

[Bayard]

2. The line between the branches is getting very thin.....

[mitch96]

4. 'unitary executive theory' ....aka being the king with unlimited power...uff...nt

[mackdaddy]

5. I initially read it as 'Urinary executive theory'.

But that might apply as for this admin, if you are not rich then piss on you.

[TomSlick]

8. Close enough.

[markodochartaigh]

6. I remember the movie "The Madness of King George".

I hope that future generations don't have to sit through "The Madness of Kkking Don."

[madamesilverspurs]

7. Seem to recall that Alito's preference

for "unitary executive" was raised as a concern during his confirmation hearing. And his wife sitting behind him in tears because they were being so mean to him. He's been nothing but snide awfulness ever since.


.

[AmericaUnderSiege]

9. There are still judges who keep faith with the Constitution, but don't get your hopes up.

The Judiciary is infested with Nazi kangaroo courts imposed by unelected Republicans who will simply rubber-stamp whatever they're told to. Law is not a particularly potent element at the moment.