President Trump should be on the verge of a significant victory in his worthy campaign to rein in the administrative state — i.e., to restore constitutional order. He has a strong case on the law. The only question is whether his recent suggestions that he need not follow the law, and his Justice Department’s intimations that politicized law enforcement is still in vogue, will give the Supreme Court pause about reinforcing the law — and clarifying the breadth of executive authority — to his benefit.
Less than a month into his second administration, progressive activist judges have foolishly accelerated to the justices’ consideration a dispute that should be a lay-up for the administration: a test of what ought to be the president’s undeniable constitutional power to remove at will single heads of agencies that wield executive power. At issue is President Trump’s firing on February 7 of Hampton Dellinger, the head of the Office of Special Counsel (OSC).
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