America First Legal (AFL), in collaboration with Boyden Gray PLLC and Givens Pursley LLP, has filed an amicus brief in the case Robert P. Storch v. Pete Hegseth at the U.S. District Court for the District of Columbia. The brief supports former U.S. Department of Transportation Inspector General (IG) Eric J. Soskin in defending the President’s constitutional right to remove presidentially appointed officials at will under Article II of the U.S. Constitution.
The President has broad authority to remove appointed officials, and this power is the default rule.
While the Supreme Court has set limited exceptions to this removal power, they do not apply to Inspectors General.
Allowing the plaintiffs’ claim would undermine the accountability of Executive Branch officials and set a harmful precedent.
The brief emphasizes that the law governing Inspectors General allows them to work under the leadership of politically accountable appointees chosen or kept by the President, ensuring proper accountability to the President and, by extension, to the American people.
AFL’s argument follows recent court rulings, including the dismissal of Spicer v. Biden and the case Severino v. Biden, which reaffirmed that presidential appointees can be removed at the President’s discretion.
Dan Epstein, Senior Vice President of America First Legal, commented, “It is well-established constitutional law that Congress cannot limit the President’s ability to remove a principal law enforcement officer. Our client has reminded the court of this essential principle, which ensures an effective presidency and guarantees that the President is the sole representative of his branch of government.”
Read more: