The Meaning of Biden’s Firing Spree

President Joe Biden fired Social Security Administration Commissioner Andrew Saul on July 9. ...


President Joe Biden fired Social Security Administration Commissioner Andrew Saul on July 9.



Photo:

J. Scott Applewhite/Associated Press

The Biden Administration may be the most progressive in decades, but it is accelerating a conservative revolution in presidential power over the federal bureaucracy. The latest example is the President’s sacking Friday of Social Security Administration (SSA) commissioner

Andrew Saul,

the

Trump

appointee whose six-year term wouldn’t have expired until 2025.

Democrats in Congress lobbied for Mr. Saul’s firing because he displeased federal employee unions. Mr.

Biden

has been aggressive in purging the federal government of Trump appointees, even those like the SSA commissioner who typically serve under Presidents of both parties. The Administration has also broken norms by axing the National Labor Relations Board general counsel and leaders at the U.S. Commission on Fine Arts and the Administrative Conference of the U.S.

In a legal memo justifying the firing of Mr. Saul, the Biden White House pointed to the Supreme Court’s decisions in Seila Law v. CFPB (2020), which held that the President could fire the head of the Consumer Financial Protection Bureau, and Collins v.

Yellen

(2021) which held that he can fire the head of the Federal Housing Finance Agency.

Those decisions were a major blow to the favored progressive model of governance, which sees agencies insulated from accountability as preferable to traditional democratic processes. Mr. Biden’s nominee to lead the CFPB,

Rohit Chopra,

in 2018 proposed a new agency to regulate political lobbying headed by a virtually unremovable director with a term of up to 10 years.

Yet Democrats are now adopting the conservative view that a President ought to be able to exert greater control over executive agencies. This shift comes from partisanship, not principle, but it could have lasting implications.

If Mr. Saul sues to serve out his statutory tenure, and the case makes its way to the Supreme Court, it would present the Justices with a novel question about agency accountability. The Court’s conservative majority could build on its Seila Law precedent.

More significant, it could reconsider two of its mistaken decisions limiting presidential control over bureaucracies—Morrison v.

Olson

(1988) on the independent counsel statute, and Humphrey’s Executor (1935) on independent agencies. A legal complaint by

Roger Severino,

whose three-year term on the council of the Administrative Conference was cut short in February, cites the latter case in demanding his reinstatement. A savvy legal shop representing Mr. Saul could bring those issues to the fore.

Progressives cringed when Mr. Trump or his supporters spoke of a “deep state” and “

Obama

holdovers.” Yet Mr. Biden’s firing spree shows that, especially in a time of heightened polarization, officials appointed by a prior President of either party may differ with an incoming Administration in meaningful ways. The constitutional approach is to let a new President pick his own personnel, so his Administration can be accountable to Congress and in elections.

Even the Biden Administration is now operating as if it endorses the originalist view of a unitary executive. Conservatives may not like the policy results of this in the short term, but the long-term result could be a more accountable government.

Journal Editorial Report: Paul Gigot interviews Ohio Attorney General Dave Yost. Image: Joshua Roberts/Bloomberg News

Copyright ©2020 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

Appeared in the July 13, 2021, print edition.

Source link

COMMENTS

Name

Africa,846,Americas,4187,Art & Culture,15179,Arts,6592,Arts & Design,1734,Asia,3374,Automobile,478,Baseball,671,Basketball,562,Books,3988,Business,5457,Celebrity,2633,Cricket,648,Crime,158,Cryptocurrency,1705,Dance,582,Defense,836,Diplomatic Relations,2496,Economy,1198,Editorial,260,Education,1304,Elections,308,Energy & Environment,3088,Entertainment,22968,Environment,3701,Europe,4319,Faith & Religion,235,Family & Life,817,Fashion & Style,3373,Finance,20420,Food & Drink,3851,Football,1125,Games,97,Gossip,10289,Health & Fitness,4198,Health Care,943,Hockey,234,Home & Garden,920,Humour,994,Latin America,49,Lifestyle,17473,Media,527,Middle East,1586,Movies,1815,Music,2739,Opinion,3310,Other,12230,Other Sports,5166,Political News,11324,Political Protests,2324,Politics,18016,Real Estate,1969,Relationship,106,Retail,3116,Science,2724,Science & Tech,10322,Soccer,274,Space & Cosmos,362,Sports,12533,Technology,3535,Tennis,608,Theater,1753,Transportation,313,Travel,2637,TV,3773,US,760,US Sports,1481,Video News,3531,War & Conflict,1069,Weird News,998,World,16948,
ltr
item
Newsrust - US Top News: The Meaning of Biden’s Firing Spree
The Meaning of Biden’s Firing Spree
https://images.wsj.net/im-368223/social
Newsrust - US Top News
https://www.newsrust.com/2021/07/the-meaning-of-bidens-firing-spree.html
https://www.newsrust.com/
https://www.newsrust.com/
https://www.newsrust.com/2021/07/the-meaning-of-bidens-firing-spree.html
true
732247599994189300
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content