For Immediate Release:
March 5, 2025
For press inquiries only, contact:
Amanda Priest (334) 322-5694
William Califf (334) 604-3230
(Montgomery, Ala) – Alabama Attorney General Steve Marshall announced today that Alabama has joined a multi-state amicus brief in support of President Trump’s authority to remove executive branch officials. The brief, filed in the United States Court of Appeals for the D.C. Circuit, urges the court to stay a lower court ruling that effectively reinstated Hampton Dellinger as Special Counsel despite his removal by the President, the head of the executive branch.
“Political accountability is a cornerstone of our constitutional system, and allowing courts to override executive removals undermines the balance of power intended by the Framers,” Attorney General Steve Marshall said. “If courts can override the President’s ability to remove officials, it sets a dangerous precedent that threatens executive authority and disrupts the separation of powers. Alabama is committed to defending the constitution. In our constitutional system, judges don’t get to pick who works for the President.”
The brief argues that the Constitution grants the President clear authority to remove executive branch officials, ensuring they remain accountable to the American people. It also asserts that courts lack jurisdiction to reinstate removed officials unless Congress has explicitly authorized such action. Furthermore, historical precedent demonstrates that removal challenges must be addressed through proper legal channels, such as quo warranto proceedings, rather than judicial injunctions.
In joining this brief, Alabama is standing with other states to protect the integrity of the executive office and ensure that decisions about federal appointments remain where the Constitution intended—within the authority of the elected President.
In addition to Florida and Alabama, the brief was joined by Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, West Virginia, and Tennessee.
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