This week, the Ninth Circuit considers the President's
authority to remove the Commissioner of Social Security.
KAUFMANN V. KIJAKAZI
The Court invalidates that statutory removal provision for the
Commissioner of Social Security as unconstitutional, but upholds
the Commissioner's decision denying Plaintiff's claim for
social security benefits.
The Panel: Judges Graber, Bea, and M. Smith,
with Judge Graber writing the opinion.
Key Highlight: "The removal provision
violates separation of powers principles. For the purpose of the
constitutional analysis, the Commissioner of Social Security is
indistinguishable from the Director of the FHFA discussed in
Collins and the Director of the CFPB discussed in
Seila Law. As the Office of Legal Counsel emphasized,
several features of the Social Security Administration . . . compel
the conclusion that the removal provision is
unconstitutional."
