President Donald Trump (R) fired Progressive-Democrat EEOC commissioner Jocelyn Samuels over her refusal to follow Trump’s instructions and EOs, among other things, rescinding the Biden administration’s EEOC rules requiring employers to pay for, or to pay insurance coverage for, employee hormone and surgical treatments to resemble the opposite sex, in violation of their [employers’] religious beliefs.
Naturally, Samuels is suing over the effrontery of firing her. Her lawyers are making this argument in court:
Because the Commissioners perform predominantly quasi-judicial and quasi-legislative functions, these restrictions on the president’s removal authority are constitutional[.]
On the contrary. Because Commissioners perform predominantly quasi-judicial and quasi-legislative functions from inside the Executive Branch, they’re violating bedrock Constitutional separation of powers requirements. Those requirements are articulated in so many words in our Constitution’s Article I, Section 1, which mandates legislative functions can occur only within the Legislative Branch, and again in so many words by our Constitution’s Article III, Section 1, which mandates that judicial functions can occur only within the Judicial Branch.
It really is that straightforward. Those broad authorities claimed by the EEOC are themselves wholly unconstitutional.