Acting Solicitor General Sarah Harris informed Sen. Dick Durbin, ranking member of the Senate Judiciary Committee, that the Solicitor General’s office will no longer defend the constitutionality of multi-member bi-partisan independent agencies. The change in DOJ’s policy is based upon this Administration’s disagreement with the century-old Supreme Court precedent that had held that members of multi-member bi-partisan independent agencies could only be fired for cause, unlike executive branch agencies whose heads the president can fire at will. Since last year, companies including Amazon, SpaceX and Meta Platforms have filed lawsuits targeting the constitutionality of the NLRB and the FTC.
DOJ WILL NO LONGER DEFEND CHALLENGES TO THE CONSTITUTIONALITY OF CERTAIN BI-PARTISAN INDEPENDENT AGENCIES
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