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A major morning drop at the Supreme Court completely reshaped the landscape of administrative law and the unitary executive theory. In this episode of Rightly Decided, Laura Beth Latimer is joined by Nathan Seltzer and Clayton Calvin to break down two blockbuster, newly released opinions: Trump v. Slaughter and Trump v. Cook.
Are independent agencies officially a thing of the past, or has SCOTUS carved out a permanent "headless fourth branch" for the Federal Reserve? Tune in for a comprehensive, originalist breakdown of how these rulings affect democratic accountability and the balance of power between Congress and the Executive.
- Trump v. Slaughter (6-3): The Supreme Court officially overrules the 1935 Humphrey’s Executor precedent. Chief Justice Roberts, writing for the majority, holds that the Federal Trade Commission's (FTC) "for-cause" removal protections violate the Vesting Clause of Article II, restoring the president's unilateral authority to fire independent agency board members. We discuss the historical context—from the Decision of 1789 to James Wilson's views on executive unity—and what Justice Gorsuch’s powerful concurrence signals for the future of the non-delegation doctrine.
- Trump v. Cook (5-4): In a surprising shift via the shadow docket, Chief Justice Roberts and Justice Kavanaugh cross over to side with the liberal bloc, ruling that the president cannot immediately remove Federal Reserve Governor Lisa Cook. Why did the court handle the Fed differently than the FTC? We unpack the critical roles of party presentation, historical national bank precedents (McCulloch v. Maryland), and the statutory procedural due process issues that triggered Justice Thomas’s solo dissent.
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면책 조항: 이 페이지에 포함된 팟캐스트와 작품은 Texas Public Policy Foundation에서 가져온 것입니다. 이 팟캐스트는 소유자의 재산이며 Listen Notes, Inc.와 제휴하거나 보증하지 않습니다.
