(no title)
convivialdingo | 1 year ago
On the merits, this Court previously held that no provision of § 8468 prevented the plaintiffs' removal. See Mem. Op. at 7. First, the Court noted that “the power of removal from office is incident to the power of appointment” “absent a specific provision to the contrary.” Id. at 6 (quoting Carlucci v. Doe, 488 U.S. 93, 95 (1988) (citation omitted)). Second, the Court held that the plain text of § 8468(b), which provides only that Board members “serve for three years each” on staggered terms, does not meet that standard. Id. at 7. Third, the Court read Parsons v. United States, 167 U.S. 324 (1897), and Myers v. United States, 272 U.S. 52 (1926), to hold that term-of-office provisions, standing alone, do not confer removal protection.
dcrazy|1 year ago