Cass Sunstein in Bloomberg View: “Why Trump Can’t Just Say ‘You’re Fired’ to” CFPB’s Cordray

Here.  Excerpt:

Any effort to discharge Cordray would be illegal — and it might even precipitate something close to a constitutional crisis.

* * *

Both Republican and Democratic presidents have not loved the idea of independent agencies, operating outside of their daily control. But in 1935,[in the Humphries Exec case], the Supreme Court unanimously agreed that the Constitution gives Congress the power to create such entities.  The court has stuck with that position ever since — and for decades no president has even tried to remove the heads of independent agencies.

* * * On the day of his removal, Cordray would be within his rights to go to court to seek a judgment that the president acted beyond his constitutional authority.

This would be quite a spectacle. As the law now stands, Cordray would almost certainly win. Things could get pretty ugly. Would a lower court issue an injunction against the president? Would he comply with it?

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