Overview
Which type of agency has "for cause" removal
Independent agencies
What does it mean to be an "at will" employee
the president has unlimited discretion to hire and fire
What are the two main cases dealing with "for cause" removal?
Humphrey's Executor and Selia Law
What is the holding of Trump v. Casa?
Overturned nation wide injunctions -- no long standing tradition/history of nation wide injunctions.
If you do not like the decision of a 3-judge panel, who can you appeal to?
En banc
Supreme Court
What are two acts we learned about that all agencies are subject to?
APA and FOIA
What is a pro of "at will" employees?
Promotes accountability
What part of Humphrey's Executor is no longer good law?
The analysis of purely executive v. quasi legislative/quasi-judicial
What is the holding of Loper Bright?
Overturned Chevron. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority as the APA requires.
What is affirmative misconduct?
The Courts have interpreted this liberally- govt acted really bad or significant consequences for the individual (OPM v. Richmond).
What are the two types of rules an agency can create?
Interpretive/informal and substantive (substantive subject to APA).
If a "for cause" removal has to be signed into law by the president, how does it happen?
1. veto can just be overruled by senate
2. political/social circumstances
What are the four requirements under Humphrey for a "for cause" removal restriction to be constitutional?
1. multi-members
2. experts
3. balanced along partisan lines
4. Staggered terms
What is the holding of Skidmore?
While not controlling upon courts, agencies interpretations of their statutes are entitled to respect.
The weight will depend on various factors including expertise, long standing/consistency, contemporaneous adoption with the statute, validity of its reasoning.
What is inter v. intra circuit non-acquiescence?
What is OIRA?
A federal office that Congress established. OIRA reviews draft proposed and final regulations under Executive order 12866 and develops and oversees the implementation of government-wide policies in the area of information policy, privacy, and statistical policy.
What was the holding of Trump v. Wilcox?
The Court decides to defer to the decision of the president during litigation of "for cause" removal.
Concerned about instability in the lower courts.
If Humphrey's Executor does not apply, is the "for cause" removal restriction constitutional?
If it does not fit squarely within Humphrey's Executor, then the "for cause" removal restriction is unconstitutional because it interferes with the president's ability to execute laws.
Can the govt be estopped, if they gave you bad advice?
Generally, the government is not estopped even if they caused the violation. Except in the case of affirmative misconduct. The exception to the exception is the appropriations clause (OPM v. Richmond).
What does Loper Bright mean for admin agencies, big picture?
decreasing executive/agency power, harder for an agency to change positions
What are the four ways you can and should challenge an agency's actions?
1. Constitutional
2. Statutory
3. Procedure (APA)
4. Arbitrary and capricious
In Trump v. Wilcox, what did the dicta signal/allude to?
All "for cause" removals are unconstitutional except the federal reserve due to its unique structure and distinct historical traditions.
What does Seila Law mean for admin agencies, big picture?
Increase executive power and accountability
When is intra-circuit non-acquiesence allowed?
If the agency disagrees with the legal outcome, and is trying to change the law. Needs to be evidence though, such as en banc, litigate in other circuits, cert supreme court. Otherwise, they are acting arbitrarily, which is not allowed.
Provide an overview of admin judicial proceedings
Administrative Proceedings
ALJs