Stuart Gerson in The National Law Journal
Board Member Stuart Gerson and Simon Lazarus published an opinion piece in The National Law Journal critiquing the Supreme Court’s recent decision in Trump v. Wilcox. Their analysis focuses on the Court’s troubling embrace of the unitary executive theory, which undermines protections for independent federal agencies, while exempting institutions like the Federal Reserve.
Gerson and Lazarus highlight the significant risk it places on other agencies — established by Congress — in maintaining their impartiality and independence.
“Obliviousness to such ramifications seems especially peculiar in light of the daily proof paraded by the current president’s insatiable power-hunger. For example, his FCC appointees have systematically extracted capitulation, by corporate communications giants seeking approval for multibillion-dollar mergers, to political and other conditions extraneous to the legal merits of proposed transactions. The MSPB is the first recourse for hundreds of thousands of federal employees now facing arbitrary or politically motivated termination or demotion by Trump or his political appointees. Negating this
agency’s independence would put foxes, indeed, wolves, in charge of the chicken coop, effectively canceling merit-based civil service altogether.”