Trump v. Cook · ¶149
The Court's interpretation is also inconsistent with “congressional practice.” Id., at 243 (opinion of Roberts, C. J.). Congress has enacted dozens of statutes that require notice and a hearing before an officer can be removed. They all do so “in explicit terms.” Ibid. These statutes, for instance, provide that an officer “may be removed by the President only upon notice and hearing,” 5 U. S. C. § 7104(b) (emphasis added), or that “[a]ny such . . . removal may be made only after notice and opportunity for a hearing,” 17 U. S. C. § 802(i) (emphasis added). A month before the for-cause removal protection was restored to the Federal Reserve Act, Congress provided that members of the National Labor Relations Board would serve “for a term of five years” unless “removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office.” Act of July 5, 1935, § 3(a), 49…Read in context ›
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