‘Common Law’: The President’s Power To Hire and Fire

George Mason Law Professor Jennifer Mascott Discusses Supreme Court Cases on Executive Appointments, Removals
Columns, Risa Goluboff, John Harrison and Jennifer Mascott

Photo illustration by Warren Craghead, photos by Julia Davis, Ian Bradshaw and contributed

June 9, 2022

The president’s power to appoint — or remove — executive branch officials has been a focus of the U.S. Supreme Court recently because agencies are taking on more power, says scholar Jennifer Mascott on “Common Law,” a podcast of the University of Virginia School of Law.

Mascott, a professor at the Antonin Scalia Law School at George Mason University and director of its C. Boyden Gray Center for the Study of the Administrative State, joins hosts Risa Goluboff and John Harrison on the ninth episode of the season. An expert in administrative and constitutional law and the separation of powers, Mascott has served as deputy assistant attorney general in the Office of Legal Counsel within the U.S. Department of Justice and as associate deputy attorney general.

Mascott and the hosts cover the history of Supreme Court cases involving the president’s power to appoint or remove officers, including more recently United States v. Arthrex Inc., Collins v. Yellen and Seila Law LLC v. Consumer Financial Protection Bureau.

This season, called “Co-Counsel” features a rotating set of co-hosts: Harrison, Danielle Citron, Cathy Hwang and Greg Mitchell. Each is joining Goluboff to discuss cutting-edge research on law topics of their choice.

“Common Law” is available on Apple PodcastsStitcherYouTubeSpotify and other popular podcast sources. The show is produced by Emily Richardson-Lorente.

Past seasons have focused on “The Future of Law,” “When Law Changed the World” and “Law and Equity.”

You can follow the show on the website CommonLawPodcast.com or Twitter at @CommonLawUVA.

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