Alabama Attorney General Steve Marshall announced that the state has joined a multi-state amicus brief supporting President Trump's authority to remove executive branch officials. The brief, filed in the United States Court of Appeals for the D.C. Circuit, seeks to overturn a lower court ruling that reinstated Hampton Dellinger as Special Counsel despite his removal by the President.
Attorney General Steve Marshall emphasized the importance of political accountability within the constitutional framework. "Political accountability is a cornerstone of our constitutional system, and allowing courts to override executive removals undermines the balance of power intended by the Framers," he stated. He further warned against setting a precedent that could threaten executive authority and disrupt the separation of powers, affirming Alabama's commitment to defending the Constitution. "In our constitutional system, judges don’t get to pick who works for the President."
The brief contends that the Constitution provides clear authority for the President to remove executive branch officials, ensuring they remain accountable to the public. It argues that courts do not have jurisdiction to reinstate removed officials unless Congress has explicitly permitted such action. Historical precedent indicates that challenges to removals should be addressed through legal channels like quo warranto proceedings rather than judicial injunctions.
By joining this brief, Alabama aligns with other states in protecting the integrity of the executive office and ensuring federal appointment decisions remain under presidential authority as intended by the Constitution.
Other states participating in this brief include Florida, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, West Virginia, and Tennessee.