Under Trump, Presidents Gained the Strength of Chief Fire Agencies. Biden Just Used It. – Ina Jones

[ad_1]

Mandel Only / AFP / Getty

Fight disinformation. Get a daily recap of the facts that matter. Sign up for the free Mother Jones newsletter.

On Friday, Joe Biden fired Social Security Commissioner Andrew Saul, an appointee in the Trump administration who has clashed with Democratic congressmen and disability rights activists. Originally appointed by Donald Trump in 2018, Saul’s term is set until 2025.

Dismissal did not come free of criticism.

Historically, heads of independent federal agencies such as the Social Security Administration have been prevented from being turfed when new presidents take over. In fact, in an interview with the Washington Post warning of a potential fight over his dismissal, Saul, a former classmate of Trump’s college at the University of Pennsylvania, defended his tenure and said he was still considering he also identified himself as “the commissioner protected by the Social Security term.” He added that he plans to report to work on Monday.

While federal law says the Social Security Commission can only be fired for the reason, recent Supreme Court decisions have strengthened Biden’s ability to fire independent agency leaders at will. Last year, in a case brought during the Trump administration, a conservative majority of the Supreme Court ruled that a Congressional order that the president could only fire the head of the Consumer Financial Protection Bureau “with reason” and not “at will” is unconstitutional. The issue arose after Obama-appointed CFPB director Richard Cordray, who resigned for Ohio governor, kicked off a complicated legal and force-struggle over the agency’s leadership.

Under that decision, Biden replaced Trump’s CFPB permanent director shortly after entering the Oval Office. Last month, magistrates ruled that the president could both remove the head of the Federal Housing Finance Agency for no reason, clearing the way for Biden to quickly change his grip on Trump leading to that office.

Since Saul’s dismissal, the White House has told several news outlets that his actions, including a decision to end the agency’s telework policy and a stern stance toward unions, “run contrary to the mission of agency and policy agenda of the President. “

Dismissal did not come free of criticism from ethics watchdogs. Walter Shaub, a former director of the executive branch’s Office of Government Ethics and a senior fellow at the nonpartisan Project on Government Oversight, said that by citing the CFPB case president, the Biden administration “sided with Trump” and of Supreme Court Republican- appointed justices. “I hope the White House clarifies that the firing is for cause and not a constitutional challenge to the law that requires cause,” he tweeted.

Mitch McConnell, who didn’t seem too upset about Trump’s extensive use of executive authority, was quick to dismiss Biden’s move as “an unprecedented and dangerous policy by the Social Security Administration.”

[ad_2]