Publication Date

2025

Publication Title

Public Law & Legal Theory

Abstract

When an officer challenges her removal by the president, what relief is available? This Article shows that the appropriate remedy will typically be a declaratory judgment. The interim relief question is harder. The suggestion here is that if an officer sues immediately to challenge her removal, there should be a presumption that the federal courts will prevent her removal during the pendency of the litigation. Otherwise, the presumption should be against interim relief. This approach is grounded in the principles of equity, and it prevents “flipping” back and forth in who occupies the office during the litigation.

Number

25-48

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