Trump announced his intention to appoint Severino to the advisory board in July, and Severino received his commission just over two weeks ago. He argued that the board is separate from any executive branch and that the president has no authority to dismiss him at will. When he asked why he was fired, the White House did not respond, the suit alleges.
“The Council does not exercise any executive power – in fact, it does not exercise any power as a purely consultative entity – so President Biden does not have the constitutional power to fire Severino or any other member of the Council,” the suit said.
The White House did not immediately respond to a request for comment on this article.
The lawsuit comes at a time when the Biden government is working to wipe out the political remnants of Trump’s presidency, who are still in power. Defense Secretary Lloyd Austin sacked members of 31 defense advisory councils who were appointed in the last days of Trump’s presidency. Other members of the defense advisory boards, including those appointed by Trump himself, remain under review.
Severino had previously served as head of the civil rights office of the Department of Health and Human Services, where he reinforced protections for health professionals who opposed religious abortions and advocated a reversal of protections for LGBT patients.