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Interbranch Removal and the Court of Federal Claims: \Agencies in Drag\
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Interbranch Removal and the Court of Federal Claims: \Agencies in Drag\
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Journal Article
Interbranch Removal and the Court of Federal Claims: \Agencies in Drag\
2015
Overview
Last summer, the D.C. Circuit upheld a statute that gives the President the power to remove judges of the United States Tax Court. Kathleen and Peter Kuretski, a taxpayer couple, had challenged the constitutionality of that provision, alleging that it granted an executive official the impermissible interbranch power to remove officials of the judicial branch. Resolving decades of tension about the constitutional status of these Article I courts, the D.C. Circuit held that the Tax Court is an executive branch entity, and thus the President may constitutionally exercise intrabranch removal power over its judges. This Comment demonstrates that what seems like a straightforward attempt to save the Tax Court from constitutional peril has dangerous implications elsewhere in the federal system.
