Well well. Democrats finally appreciate Judge Brett Kavanaugh and the unitary executive. We refer to the first dismissal of Joe Biden from the Director of the Office of Consumer Financial Protection (CFPB), Kathy Kraninger, and the General Counsel of the National Labor Relations Board (NLRB), Peter Robb.
A president deserves his own people to lead administrative agencies. But Mr Biden’s dismissals are a break with a long precedent in the NLRB and a 180-degree reversal of democratic views on the CFPB. The good news is that this could trigger a legal challenge to the Supreme Court’s precedents.
In 2010, the Democratic Congress created the CFPB as an independent agency whose president could only be removed by the president for inefficiency, negligence, or wrongdoing. While on the DC Circuit Court of Appeals, then-Judge Kavanaugh wrote a decision and a dissent arguing that this limitation violated the separation of powers. Its logic was adopted by the High Court last summer (Seila Law against CFPB).
Follow the liberal outrage. “Court nominees made it clear to Seila his displeasure with independent agencies, “roared Rhode Island Sen. Sheldon Whitehouse.
For the record, Ms. Kraninger supported the authority to remove the president’s blanket, although it meant a future president could remove it. That’s how it happened. Ms. Kraninger received an email at the White House at 12:21 p.m. Wednesday with the statement, “If you do not resign today from 2 p.m., President Biden will remove you from office.”