January 6, 2025 — U.S. District Court Judge John Woodcock determined some of the authority granted to those council members was violating the U.S. Constitution, specifically a portion of the MSA which meant the NFMS was unable to repeal certain fisheries management procedures without council approval. By refusing to assent to decisions made by the NFMS, the council could effectively “pocket veto” decisions made by federal authorities.
“In severing these limited provisions, the Court addresses both the Appointments Clause and constitutional removal claims, as, without these provisions, the Council Members do not exercise any significant authority, and thus, do not constitute officers of the United States,” Woodcock wrote. “This resolves the constitutional issues presented without invalidating an entire statutory scheme that has effectively governed the United States for decades or a regulation that did not involve either of the constitutional provisions identified in the case at bar.”