Trump v. Cook · ¶41
That counsels a substantial threshold for “cause.” It is true, of course, that “cause” cannot be reduced to a precise set of rules, and some close calls are inevitable. Whether “cause” for removal exists in any given situation will depend, at least in part, on the seriousness of the alleged misconduct, and the extent of any nexus that may exist to the Governor’s professional duties. The key issue is whether “[t]he cause assigned” truly “impl[ies] an unfitness for the place”—or whether it simply represents an effort to secure a “more congenial” replacement. In re Nichols, 6 Abb. N. Cas., at 482. “Our review is deferential, but we are not required to exhibit a naiveté from which ordinary citizens are free.” Department of Commerce v. New York, 588 U. S. 752, 785 (2019) (internal quotation marks omitted). Without such constraints in place, any perceived or alleged misstep (past or present)…Read in context ›
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