Trump v. Cook · ¶34
With no support in Reagan, the Government turns to the common law, which (it says) forecloses all judicial review. The common law, however, appears to cut the other way. See State ex rel. Hart v. Common Council of City of Duluth, 53 Minn. 238, 244, 55 N. W. 118, 120 (1893) (“The sufficiency and reasonableness of the cause of removal are questions for the courts. . . . This has been the settled law ever since Bagg’s Case, [11 Co. Rep. 93b, 77 Eng. Rep. 1271 (K. B. 1615) (Coke, C. J.)], and we are not aware of any respectable authority to the contrary.”). The Government’s four cited cases do not persuade us otherwise. The first two expressly declined to resolve the issue. See United States ex rel. Garland v. Oliver, 6 Mackey 47, 56 (D. C. 1887) (issue “not argued”); The Mayor and Council of the City of Ho boken v. Gear, 3 Dutch. 265, 287 (NJ 1859) (seriatim opinion of Vredenburgh, J.)…Read in context ›
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