Myers v. United States
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Myers's holding that Senate consent was not required to remove a first-class postmaster remains intact; later courts, including the Supreme Court in Free Enterprise Fund v. Public Company Accounting Oversight Board, continued to rely on its principle of presidential supervision.
35 later cases cite Myers v. United States; 35 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Myers v. United States?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Supreme Court confined Myers's removal ruling to purely executive officers and held that the President could not remove a Federal Trade Commissioner without one of the causes specified by Congress.
Humphrey's Executor v. United States · Supreme Court of the United States · filed
The office of a postmaster is so essentially unlike the office now involved that the decision in the Myers case cannot be accepted as controlling our decision here. ... Putting aside dicta, which may be followed if sufficiently persuasive but which are not controlling, the necessary reach of the decision goes far enough to include ... all purely executive officers. It goes no farther; — much less does it include an officer who occupies no place in the executive department and who exercises no part of the executive power vested by the Constitution in the President.
Read the full opinion on CourtListener →
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