[Vendome]

I can’t seem to find the justification or foundation for how firing this person, in this role, in the givernment is unconstitutional.

[Cboldt]

I’m going to hunt the decision, but my guess is some sort of “separation of powers” rationale. Not that the employee can’t be fired at will, and if cause is necessary, not that cause wasn’t met. The notion of an unconstitutional firing is just plain weird for anything but separation of powers reasons.

[Cboldt]

I'm going to hunt the decision, but my guess is some sort of "separation of powers" rationale. Not that the employee can't be fired at will, and if cause is necessary, not that cause wasn't met. The notion of an unconstitutional firing is just plain weird for anything but separation of powers reasons.

HELMAN v. DVA - US Court of Appeals for the Federal Circuit. Case 2015-3086, Merit Systems Protection Board DE-0707-15-0091-J-1

I haven't studied in detail yet, but the issue seems to be a power of an Administrative law Judge to render a conclusive ruling, cutting off all Article III judges. Plaintiff is free to (continue to) pursue her claims, and the power of ALJ is curtailed by this ruling. Nothing on the merits, just a venue issue.

[Rusty0604]

The judge’s argument is in the article but it is convoluted.