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Very well. Democrats finally appreciate Judge Brett Kavanaugh and the Unitary Executive. We refer to the first day of Joe Biden’s dismissal of Consumer Financial Protection Bureau (CFPB) Director Kathy Kraninger and National Labor Relations Board (NLRB) General Counsel Peter Robb.
A president deserves his own people to run administrative agencies. But Mr Biden’s layoffs are a break from a long precedent at the NLRB and a 180-degree reversal of Democratic views on the CFPB. The good news is that it could trigger a legal challenge to Supreme Court precedents.
In 2010, the Democratic Congress created the CFPB as an independent agency whose director could only be removed by the president for ineffectiveness, neglect of duty or fault. While at the DC Circuit Court of Appeals, then-judge Kavanaugh wrote both 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 v. CFPB).
Stall the liberal outrage. “The Republican appointments to the Court made it clear Seila their distaste for independent agencies, ”roared Rhode Island Senator Sheldon Whitehouse.
For the record, Ms Kraninger supported the president’s blanket removal power even if it meant that a future president could fire her. So it happened. Ms Kraninger received an email from the White House at 12:21 p.m. on Wednesday stating, “If you don’t resign by 2 p.m. today, President Biden will resign you from that position.”
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