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Jamal Greene @jamalgreene.bsky.social

Not a dumb question. Assuming it gets litigated, that will be a possible “out.”

aug 26, 2025, 1:14 am • 4 0

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Sam Ulmschneider @samulmschneider.bsky.social

Yes, it's a very weird situation where the Congressional law seems to suggest that removal can only occur for certain sufficient causes and the administration claims that it has one of those, but the person being removed claims the administration doesn't have such a cause.

aug 26, 2025, 1:16 am • 0 0 • view
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Joey Fishkin @fishkin.bsky.social

Yes, but I’m not sure it’s really an “out.” If frivolous but unreviewable “for cause” fig leaves are decisive to the Court, I would assume this administration would be more than happy to accompany every executive branch firing with one. The more implausible the better, to show strength.

aug 26, 2025, 1:21 am • 6 0 • view
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Jamal Greene @jamalgreene.bsky.social

Sure, I meant an "out" from the Court's subjective perspective. It would not be a satisfying resolution.

aug 26, 2025, 1:37 am • 3 0 • view
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Lee Kovarsky @kovarsky.bsky.social

maybe i'm alone on this, but i actually think the wilcox carve out was so analytically silly and used up so much capital that there are probably 2 r-appointed justices committed enough to see the distinction through.

aug 26, 2025, 1:24 am • 6 0 • view
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Jared (hard "d") @jaredhardd.bsky.social

I predict they affirm "for cause" protections but allow him to fire Cook just to give him a win.

aug 26, 2025, 1:36 am • 0 0 • view
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The Man With No Name @man-w-no-name.bsky.social

Of couse an unreviewable "for cause" exception is not a "for cause" exception at all.

aug 26, 2025, 1:19 am • 0 0 • view