Fact Check: Democratic lawmakers argue that the president can only remove commissioners of the Nuclear Regulatory Commission for cause, which includes inefficiency, neglect of duty, or malfeasance in office.

Fact Check: "Democratic lawmakers argue that the president can only remove commissioners of the Nuclear Regulatory Commission for cause, which includes inefficiency, neglect of duty, or malfeasance in office."

What We Know

The claim that the president can only remove commissioners of the Nuclear Regulatory Commission (NRC) for specific causes—namely inefficiency, neglect of duty, or malfeasance in office—is supported by legal texts and interpretations. According to the United States Nuclear Regulatory Commission, the commissioners may be removed by the President only for “inefficiency, neglect of duty, or malfeasance in office” (source-1). This legal framework is consistent with the treatment of other independent regulatory agencies, as noted in various legal analyses and reports, which affirm that such restrictions are common across multiple commissions, including the Federal Energy Regulatory Commission (FERC) and the Federal Trade Commission (FTC) (source-2, source-3).

Analysis

The assertion is grounded in the statutory language that governs the NRC and similar agencies. The legal precedent established by the Supreme Court also supports this interpretation. For instance, in a ruling concerning the removal of officials from independent agencies, the Court has consistently upheld that such officials can only be removed for cause, which includes the aforementioned reasons (source-4, source-6).

The reliability of these sources is high, as they include official documents from the NRC, legal analyses from credible institutions, and Supreme Court rulings. The information is corroborated by multiple legal scholars and practitioners who have discussed the implications of these rules on the independence of regulatory bodies (source-5, source-7).

However, it is important to note that the interpretation of "for cause" can sometimes be subject to political debate, particularly in the context of executive authority and agency independence. This has been highlighted in discussions surrounding recent executive actions and their implications for independent agencies (source-8).

Conclusion

The claim that Democratic lawmakers argue the president can only remove commissioners of the Nuclear Regulatory Commission for cause, specifically inefficiency, neglect of duty, or malfeasance in office, is True. This is supported by legal statutes and interpretations that govern the NRC and similar independent agencies, ensuring that their commissioners are protected from arbitrary dismissal.

Sources

1. UNITED STATES NUCLEAR REGULATORY COMMISSION
2. Independence of Federal Financial Regulators: Structure, ...
3. Checking Delegations to Independent Agencies
4. Supreme Court allows Trump to fire independent ...
5. White House claims authority over FERC, other ...
6. Fired at Will: A New Normal for Commissioners?
7. SUPREME COURT HOLDS FOR-CAUSE-ONLY ...
8. FERC chair opts not to criticize Trump after FTC firings