About one month remains until the Supreme Court’s oral argument in one of the most explosive cases of this term, Trump v. Slaughter. This is the case over whether the President may remove any Senate-confirmed commissioner of an agency he no longer wishes to have serve in that federal agency. The constitutional question in the case concerns statutory removal protections for the Federal Trade Commission—previously upheld in the Court’s landmark decision in Humphrey’s Executor v. United States—and whether a federal court may prevent removal of a commissioner from public office. The stakes for this case are enormous for all three branches of the government, foremost though the executive. Is the power to remove an executive branch agency’s commissioner vested solely in the President, as it is under what’s known as the theory of the unitary executive? Or can Congress place conditions on removal that prevent such exercise of the executive’s authority?
Joining us to preview the oral argument is Mark Chenoweth of the New Civil Liberties Alliance. Mark is NCLA’s President and Chief Legal Officer, and along with Margot Cleveland and Professor Philip Hamburger, the co-authors of an amicus brief in the case.
Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School.
