United States Institute of Peace v. Kenneth Jackson
25-5185
D.C. Cir.Jun 27, 2025Background
- The United States Institute of Peace (USIP), created by Congress in 1984, operates as an independent federal institute with a board including ex officio and presidentially appointed members.
- The enabling statute limits the President’s ability to remove the 12 Senate-confirmed board members, insulating them from at-will removal.
- In February 2025, President Trump issued an executive order to eliminate USIP’s non-statutory functions and minimize its statutory activities.
- In March 2025, President Trump terminated the twelve appointed board members without following statutory removal procedures; the three ex officio members then made several major organizational changes.
- Five removed members sued, arguing for reinstatement and invalidation of all subsequent actions taken by the ex officio members; the district court sided with them, issuing a permanent injunction in their favor.
- The government sought an emergency stay pending appeal, arguing the removal protections are unconstitutional because USIP exercises significant executive power.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of USIP board removal protections | Statutory removal protections are valid | Board’s removal protections violate Art II | Removal protections are likely unconstitutional |
| President’s authority over USIP’s foreign affairs actions | President must follow statutory removal process | President requires control over USIP | President’s control is necessary for executive power |
| Validity of actions by ex officio members post-termination | Actions are invalid due to improper removal | Actions were required under executive order | Actions may stand pending outcome of appeal |
| Need for a stay pending appeal | Injunction preserves status quo, no harm | President faces irreparable harm without stay | Stay granted; irreparable harm and public interest favor stay |
Key Cases Cited
- Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (distinguishes removal protections for multimember agencies that do not exercise substantial executive power)
- Nken v. Holder, 556 U.S. 418 (2009) (factors for granting stay pending appeal)
- United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936) (President is sole organ in foreign affairs)