Judicial Review
Comments
MAJORITY OPINION.—This amendment seeks to amend the Executive Act 2025 by inserting a new subsection stating that "Each rank in Part 1, Section 2 shall serve at the pleasure of the President". The ranks in Part 1, Section 2 constitute the Cabinet of the White House, as governed under Article 2 of the Constitution, under which there is given no provisions for these members serving at the pleasure of the President. This, however, is given explicitly under Article 1, Section 3 of the Constitution where it states that "The Executive Office of the President shall […] serve at the pleasure of the President". There is therefore no constitutional basis for requiring members of the Cabinet to serve at the pleasure of the President, and such members may thus not be removed from their position, unless through demotion or dismissal without there being a fair cause for such demotion or dismissal, as guided by the crime of unfair punishment, or of their own volition, whether it be resignation or willing transfer to another branch.
Another way to look at this is for the President to adopt the "Totality of the Circumstances", as formulated in the ruling of SC-148. While developed under the specific circumstance of the President dismissing branch leaders, this could likewise be adopted for cabinet members, as they do not constitutionally serve at the pleasure of the President, and are thus afforded a higher protection from dismissal in their positions – like branch leaders and other regular employees.
WHEREFORE.—The Executive (Resurgence Executive Reform) Order 2026 is hereby declared INAVLID OF PARENT in its entirety, and is thus UNCONSTITUTIONAL and shall not take effect.
SO ORDERED.—Associate Justice .Martin delivered the opinion, in which Chief Justice dreckly, Senior Associate Justices Inconclusive- and Brokyy_ joined.```