State ex rel. Brothers v. Zellar

The majority and concurring opinions are not consistent in rationale and both are directly contra to the settled law of this state.(1) These opinions abrogate by judicial fiat the constitutional and statutory power of the Senate to advise and consent to a gubernatorial appointment and substitute for that power a power to remove from office a person vested with title to that office who is performing the duties and exercising the powers of that office. This power of removal, to be exercised during a regular session, is extended to persons placed in office by the Governor during that regular…