Trump v. Cook · ¶120

The President is likely to succeed on the merits. The President’s removal complied with the Due Process Clause because, in our system of government, officials do not own the public offices that they hold. The President’s removal likewise complied with the statute because he removed Cook for “cause” and because the statute does not require notice and a hearing. Were there any doubt about what the statute requires, the canon of constitutional avoidance counsels strongly against reading it to implicitly restrict the President’s Article II removal power. Finally, federal courts lack the power to grant the relief that Cook received.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.