Did Shulkin Resign or Get Fired From VA? The Distinction is Important
Partner Eric Crusius shares his thoughts on what it would mean if Veterans Affairs Secretary David Shulkin was fired compared to if he resigned and how this is interpreted through the law’s language.
"If the secretary was fired, that would render him unable to perform the functions and duties of the office," said Mr. Crusius.
"If he was imprisoned or sick or something like that, those are other actions that would render him unable to perform the functions or the duties of the office. There’s nothing limiting in the statutory language, and I wouldn’t be surprised if the courts gave the president wide discretion."