THE NEW CIVIL LIBERTIES ALLIANCE, WHOSE BOARD I’M ON, JUST CHALKED UP ANOTHER WIN, THIS TIME IN THE FIFTH CIRCUIT: Cochran v. SEC. ” In order to ‘faithfully execute the laws,’ which is his duty under the Constitution, the president must not only be able to appoint all federal officers, he must be able to remove them as well. But SEC ALJs, like most civil servants, are protected by what amounts to life tenure. If the president cannot remove ‘officers’ such as ALJs, then he can’t control the administrative agencies he’s charged with overseeing.”

The opinion is here.