Samuel Alito Questions Whether Government Departments Can Be Run By Commissions

Questioning Cabinet Authority

• ❓ Justice Samuel Alito questioned whether various government departments could be led by a multi-member commission instead of a single cabinet official appointed by the president.
• 💡 Alito specifically listed departments such as Veterans Affairs, Interior, Labor, EPA, Commerce, and Agriculture as potential examples.

Respondent Attorney's Response

• ⚖️ Attorney Amit Agarwal acknowledged that some departments, like the VA, might be candidates for commission-based leadership.
• 🧠 Agarwal stated that a preliminary analysis suggested most executive departments wield conclusive and pre-conclusive authorities, including criminal, investigative, and national security functions.
• ⚠️ He cautioned against categorically ruling out the possibility that Congress and the president could decide to have multi-member expert bodies oversee certain government functions.
• 🧐 Agarwal could not definitively distinguish between departments like Labor and the National Labor Relations Board on constitutional grounds regarding commission leadership.