Wiener v. United States

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Wiener v. United States
Supreme Court of the United States
Argued November 18, 1957 Decided June 30, 1958
Full case name	Wiener v. United States
Citations	357 U.S. 349 (more)
Holding
The Appointments Clause does not guarantee the President may remove at will an officer of the United States who exercises quasi-judicial authority
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Harold H. Burton Tom C. Clark · John M. Harlan II William J. Brennan Jr. · Charles E. Whittaker
Case opinion
Majority	Frankfurter, joined by unanimous
Laws applied
U.S. Const. art. II, § 2, cl. 2

Wiener v. United States, 357 U.S. 349 (1958), was a decision of the United States Supreme Court in which the Court held that the Appointments Clause does not guarantee the President may remove at will an officer of the United States who exercises quasi-judicial authority.

References

Text of Wiener v. United States, 357 U.S. 349 (1958) is available from: Cornell Justia

Wikisource has original text related to this article:

Wiener v. United States

United States Appointments Clause case law

Appointment of Officers

Officers vs. Employees	United States v. Hartwell (1867) United States v. Mouat (1888) United States v. Smith (1888) Auffmordt v. Hedden (1890) Burnap v. United States (1920)
Inferior Officers	United States v. Germaine (1878) Ex parte Siebold (1879) Freytag v. Commissioner (1991) Edmond v. United States (1997) Lucia v. SEC (2018) United States v. Arthrex, Inc. (2021)
Recess Appointments	NLRB v. Noel Canning (2014)
Challenges to Appointments	Ryder v. United States (1995) Carr v. Saul (2021)
Appointments by Congress	Shoemaker v. United States (1893) Springer v. Government of the Philippine Islands (1928) Buckley v. Valeo (1976) MWAA v. CAAN (1991) Weiss v. United States (1994)

Removal of Officers

Limits on Removal Power	United States v. Perkins (1886) Parsons v. United States (1897) Myers v. United States (1926) Humphrey's Executor v. United States (1936) Wiener v. United States (1958) Morrison v. Olson (1988) Free Enterprise Fund v. PCAOB (2010) Selia Law v. CFPB (2020) Collins v. Yellen (2021)
Removal by Congress	Bowsher v. Synar (1986)

Jurisdiction stripping
Thunder Basin Coal Co. v. Reich (1994) Free Enterprise Fund v. PCAOB (2010) Elgin v. Department of Treasury (2012) Axon Enterprise, Inc. v. Federal Trade Commission (2023)

Ratification
FEC v. NRA Political Victory Fund (1994)

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