Trump’s firings of federal officials set stage for next presidential power test

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Washington —The Supreme Court just over a month ago expanded presidential power when itstruck down removal protectionsfor members of the Federal Trade Commission, clearing the way for the president to fire members of certain independent boards and commissions at-will.

But as the high court considered the legality of Congress’ efforts to shield those officials from political pressure, legal fights arising from President Trump’s attempts to fire an array of other federal workers — fromJustice Department lawyerstoimmigration judgestoFBI agents— have been moving through the federal courts.

The cases could pose the next test of presidential power and have significant implications for civil service protections that have been in place since the late 1970s and the federal workers covered by them, legal scholars say.

“The question of whether we can have a civil service staffed by individuals who are selected and retained based on their expertise, qualifications and employment performance, rather than the political ideology of the president is the entire foundation of our modern system of administrative governance,” Nicholas Bednar, a University of Minnesota law professor who has studied the civil service, told CBS News.

Since the start of his second term, Mr. Trump has undertaken sweeping efforts to reshape the federal government. As part of his plans, which include downsizing the executive branch, more than 25,000 government workers who were still in their probationary periods were terminated and agencies implemented plans for mass layoffs, called reductions in force.

But for hundreds of other civil servants — those considered “inferior officers,” as well as employees — the president hasinvokedArticle II of the Constitution to fire them outside of procedures dictated by civil service laws, arguing it is an exercise of his executive power. “Inferior” executive branch officials may be appointed by the president or the head of a department, and they’re generally supervised by principal officers, who are nominated by the president and confirmed by the Senate.

Source: CBS News

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