Can the President Appoint Principal Officers Without the Senate?

(Originally published by Lawfare on April 14, 2025.)
Trump claims he can fire officers not picked by the president and hire acting leaders for Senate-confirmed roles outside the Vacancies Act.
Before entering the White House, Donald Trump garnered fame from firing aspiring business leaders in his 14 seasons hosting “The Apprentice.” The show’s catchphrase “You’re fired!” clearly followed Trump into public office, particularly his second term. Much attention (and, in some cases, litigation) has trained on these firings of leaders—including Gail Wilcox at the National Labor Relations Board (NLRB) and Cathy Harris at the Merit Systems Protection Board (MSPB), more than a dozen inspectors general (IGs), and the two Democratic members of the Federal Trade Commission (FTC), among many others.
Continue reading the opinion here.