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ceejayoz 3 hours ago

Yes, I read both opinions, and am left wondering why "out of step with the statute Congress enacted and our nation’s tradition of central banking protected from political interference" applied to one and not the other.

mothballed 2 hours ago | parent [-]

SCOTUS ruled if something is in the executive branch, POTUS can fire the commissioner. Congress and everyone else explicitly is saying the FTC is in the executive branch, which puts it in a completely different question that regarding the federal reserve.

The ruling in Slaughter was not that president can fire commissioners no matter what branch they are in. It was never established in Trump v Cook that the federal reserve lies in the executive branch.

Your attempt here to falsely portray an inconsistency that doesn't exist. It's a different question as to whether the federal reserve is in the executive branch. You'll have to show the federal reserve is in the executive branch if you want the same ruling to apply or claim this inconsistency.

ceejayoz 2 hours ago | parent [-]

> It was never established in Trump v Cook that the federal reserve lies in the executive branch.

But that's insane, right?

"You can make an agency the President has no control over, but you can't make one the President has some control over."

mothballed 2 hours ago | parent [-]

If you ask me personally, I think the federal reserve as a non-executive non-congressional agency is insane, yes. But as a legal question I would hope the president has to establish the control he's exerting is actually in the executive branch before he tries to exercise constitutional powers of the executive branch that supersede contradictive law.

It would be pretty nuts if the president could just fire whomever he wants no matter what branch they are in based on a simple declaration he considers them to be in the executive branch.