Mimmack v. United States - Misplaced Pages

1878 United States Supreme Court case

Mimmack v. United States
Supreme Court of the United States
Decided October 1, 1878
Full case name	Mimmack v. United States
Citations	97 U.S. 426 (more)
Holding
An office become vacant upon the President accepting the officer's resignation. The subsequent revocation of such acceptance does not restore the officer to his office if the initial appointment required the advice and consent of the Senate.
Court membership
Chief Justice Morrison Waite Associate Justices Nathan Clifford · Noah H. Swayne Samuel F. Miller · Stephen J. Field William Strong · Joseph P. Bradley Ward Hunt · John M. Harlan
Case opinion
Majority	Clifford, joined by unanimous
Laws applied
U.S. Const. art. II, § 2, cl. 2

Mimmack v. United States, 97 U.S. 426 (1878), was a decision of the United States Supreme Court concerning the Appointments Clause.

References

Text of Mimmack v. United States, 97 U.S. 426 (1878) is available from: Cornell Justia

Appointment of Officers

Officers vs. Employees	United States v. Hartwell (1867) United States v. Mouat (1888) United States v. Smith (1888) Auffmordt v. Hedden (1890) Burnap v. United States (1920)
Inferior Officers	United States v. Germaine (1878) Ex parte Siebold (1879) Freytag v. Commissioner (1991) Edmond v. United States (1997) Lucia v. SEC (2018) United States v. Arthrex, Inc. (2021)
Recess Appointments	NLRB v. Noel Canning (2014)
Challenges to Appointments	Ryder v. United States (1995) Carr v. Saul (2021)
Appointments by Congress	Shoemaker v. United States (1893) Springer v. Government of the Philippine Islands (1928) Buckley v. Valeo (1976) MWAA v. CAAN (1991) Weiss v. United States (1994)

Removal of Officers

Limits on Removal Power	United States v. Perkins (1886) Parsons v. United States (1897) Myers v. United States (1926) Humphrey's Executor v. United States (1936) Wiener v. United States (1958) Morrison v. Olson (1988) Free Enterprise Fund v. PCAOB (2010) Selia Law v. CFPB (2020) Collins v. Yellen (2021)
Removal by Congress	Bowsher v. Synar (1986)

Jurisdiction stripping
Thunder Basin Coal Co. v. Reich (1994) Free Enterprise Fund v. PCAOB (2010) Elgin v. Department of Treasury (2012) Axon Enterprise, Inc. v. Federal Trade Commission (2023)

Ratification
FEC v. NRA Political Victory Fund (1994)

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