Remedies and Incentives in Presidential Removal Cases

Remedies and Incentives in Presidential Removal Cases

November 21, 2023, Yale Law Journal Forum

In Separation-of-Powers Avoidance, Z. Payvand Ahdout points out how courts frequently avoid compelling high-level coordinate-branch officials to act. Yet Ahdout cites Seila Law LLC v. Consumer Financial Protection Bureau as an example of how—in cases involving private plaintiffs—courts relax standing rules to incentivize challenges. In fact, Seila Law’s progeny tell a more complicated story.