Administrative Law

Permanent reassignment or codification of a federal department's statutory responsibilities generally requires approval by the U.S. Congress, while agencies can administratively transfer or contract out some duties to other federal agencies.

Under the Federal Vacancies Reform Act, an acting official may generally serve in an acting capacity for 210 days, and that 210-day limit is suspended when the President nominates someone to the position until the Senate approves or denies the nominee.

Prosecutors have reported encountering court-level roadblocks in litigation involving immigration policy, federal appointments and firings, government funding disputes, transgender-related policies, and lawsuits involving large law firms.

A Supreme Court decision from around 1935 established that presidents generally needed a cause (such as neglect of duty) before removing certain Senate-confirmed independent agency officials.

Members of independent regulatory agencies such as the Federal Trade Commission (FTC) are generally subject to statutory 'for-cause' removal protections that limit a president's ability to remove commissioners without cause.

The Congressional Review Act provides an expedited process for Congress to overturn certain federal rules and prohibits an agency from issuing another substantially similar rule unless authorized by law.