Montgomery, AL – Alabama Attorney General Steve Marshall announced today that the state 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 reinstated Hampton Dellinger as Special Counsel despite his removal by the President.
Attorney General Marshall emphasized the constitutional principles at stake, stating, “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. 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.”
The brief argues that the Constitution grants the President clear authority to remove executive branch officials to maintain accountability to the American people. It also asserts that courts lack jurisdiction to reinstate removed officials unless explicitly authorized by Congress. Additionally, it cites historical precedent, contending that removal disputes should be resolved through proper legal procedures rather than judicial injunctions.
Alabama joins several other states in backing this position, advocating for what they view as the preservation of executive authority. In addition to Alabama and Florida, the brief was signed by Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, West Virginia, and Tennessee.