A radical Biden-appointed federal judge on Friday suggested President Trump does not have the authority to fire a member of the Federal Labor Relations Board.
US District Judge Sparkle Sooknanan during a hearing on Friday said it is “troubling” that DOJ lawyers argued that Article II separations of powers bars courts from reinstating employees fired by a US president.
President Trump fired Susan Tsui Grundmann from the federal labor relations board last month.
Grundmann sued the Trump Administration and claimed her firing was a violation of federal law that says members of her agency can only be removed “for inefficiency, neglect of duty, or malfeasance in office.”
On Friday the Trinidadian and Tobagonian-born judge appeared skeptical of a President’s authority to fire a member of the labor board and suggested it encroached on powers of the legislative branch.
“The Constitution gives Congress substantial power to establish federal government offices, and dating back to our founding there is a well established tradition,” the judge said according to AP.
Radical Biden and Obama judges have used this same argument involving Trump’s firing of other Biden holdovers such as Hampton Dellinger, Cathy Harris and Gwynne Wilcox.
The AP reported:
A federal judge on Friday seemed deeply skeptical of a Trump administration lawyer’s claim that she lacks the power to reverse President Donald Trump’s removal of a Democratic member from a federal labor relations board.
U.S. District Judge Sparkle Sooknanan during a hearing in Washington, D.C., expressed frustration with claims by Alexander Resar of the U.S. Department of Justice that the constitutional separation of powers bars courts from forcing the president to reinstate someone even if they find that a firing was illegal.
“There is no recourse for a violation of law under your theory … even though that would essentially wipe out Congress’ role and the role of the courts. That is the government’s position in this case?” the judge said.
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