In 2029, Congress passes a bill and President Ocasio-Cortez…
In 2029, Congress passes a bill and President Ocasio-Cortez (D) signs into law legislation creating the Office of Student Loan Relief (OSLR) as an independent regulatory agency. It is staffed by two people in each state, paid for by their state governments. The OSLR is headed is headed by the Commissioner of Student Loans, who is appointed for a six year term by a majority vote of the president, the Speaker of the House, and the President Pro Tempore of the Senate. The Senate then ratifies the selection by a simple majority vote with no debate allowed. The Commissioner of Student Loans is subject to removal only for felony criminal conviction in Federal court. There is no other way to remove the Commissioner before the expiration of their term. With both houses of Congress occupied by Republicans, and President Ocasio-Cortez (a Democrat) at loggerheads over who should be appointed Commissioner, President Ocasio-Cortez appoints Zohran Mamdani Commissioner during what she claims is an intra-session recess of the Senate. The Senate adjourned for Christmas, and Manchin was appointed ten days later. Wells Fargo Bank, an originator of student loans, sues the President, arguing that the Commissioner’s appointment process is unconstitutional. How is the Supreme Court likely to rule, and why?
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