Maybe the losers needed a better lawyer:
Erik Larson
Tue, July 12, 2022 at 11:42 AM·1 min read
(Bloomberg) -- President Joe Biden won dismissal of a lawsuit by former White House press secretary Sean Spicer over his firing from a board of the US Naval Academy that advises the commander-in-chief.
Spicer and former Office of Management and Budget director Russell Vought, who were named to the naval panel by former president Donald Trump and dismissed after Biden took office, have no right to remain on the board if the current president doesn’t want their counsel, US District Judge Dabney Friedrich ruled Monday.
The Trump allies sued in September to retain their positions, alleging that Biden didn’t have the legal authority to remove them.
Interpreting the law “to insulate the plaintiffs from removal would raise serious constitutional issues” when the only role of such board members is “to advise the President on the performance of a quintessentially executive function,” wrote Friedrich, who is a Trump appointee.
Spicer and Vought are represented by the America First Legal Foundation, a nonprofit group set up by former Trump administration officials including Stephen Miller and Mark Meadows. Its general counsel, Gene Hamilton, didn’t immediately respond to a message seeking comment on the lawsuit’s dismissal.