#ExecutiveBranch

2025-12-08

After a brief rebuttal by D. John Sauer, the lawyer for the #Trump administration, the case is submitted, court adjourned.

Personally, it feels like, once again, #SCOTUS is going to grant Trump even greater authority than they already have done.

Welcome to the new #AmericanAutocracy. We’ve been here a while. 😞

Start of 🧵→ masto.ai/@Nonilex/115684607130

#law #HumphreysExecutor #ActivistCourt #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

“Because the Constitution vests the executive power in the president,” the majority said in an unsigned opinion in May, “he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents.”

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

Justices #ClarenceThomas & Neil #Gorsuch said they were eager to go further. The 1935 precedent, Justice Thomas wrote, “poses a direct threat to our constitutional structure &, as a result, the liberty of the American people.”

In its recent emergency orders, #SCOTUS has also signaled that it is now poised to give the president more direct #power over the multimember commissions as well.

#law #HumphreysExecutor #ActivistCourt #Trump #Autocracy #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

The group included some members – like the vice president – who could not be fired at will by the president. #Hamilton, then the Treasury Secy, served on the first Sinking Fund Commission alongside Secy of State #ThomasJefferson, his bitter political rival.

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

Justice Kagan [I think, maybe it was Sotomayor] just gave Amit Agarwal, the lawyer for fired FTC commissioner Rebecca Slaughter, the opening needed to discuss Professor Caleb Nelson’s article on the “unitary executive theory” I mentioned & linked earlier in the thread. ↑→

masto.ai/@Nonilex/115684689986

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

Justice #Kavanaugh pushes the lawyer for the fired #FTC commissioner Rebecca Slaughter about the #Trump admin’s argument that “independent agencies are not accountable to the people.” The justice asked how the lawyer would respond to the argument that “they’re not elected as #Congress & the President are, & are exercising massive power over individual liberty & billion dollar industries.”

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Autocracy #power #ExecutiveBranch #SeparationOfPowers 🧵

2025-12-08

The enormous sweep of last year’s #SCOTUS decision granting #Trump substantial #immunity from prosecution is apparent in this argument, where there has been repeated reference to that decision’s expansive vision of presidential #power.

#law #HumphreysExecutor #ActivistCourt #Autocracy #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

The lawyer for fired FTC commissioner Rebecca Slaughter argued that a decision by the justices allowing the president the #power to fire leaders of #independent agencies meant that “everything is on the chopping block.” Justice #Alito immediately jumped in, saying that he was skeptical that ruling would lead to such sweeping ramifications.

#law #HumphreysExecutor #ActivistCourt #Trump #Autocracy #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

Justice #Kavanaugh expresses doubts about one part of the #Trump admin’s argument: even if the fired commissioner wins, she is not entitled to reinstatement but only to back pay. If that argument were accepted, Kavanaugh says, it could affect the #FederalReserve.

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

Sauer immediately jumps on Kagan’s characterization that agencies legislate & judge as further reason why agencies need to be reeled in bc if they’re doing those things then they’re violating the Constitution’s #SeparationOfPowers. Legislation being a #power of #Congress & judging a power of the #judiciary.

This is exactly why I disagreed with her phrasing. Regulating & investigating is more accurate anyway.

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #ExecutiveBranch 🧵

2025-12-08

Back to the courtroom [done w/discussion of Nelson’s article]

Justice Elena Kagan says independent agencies do a lot of legislating & a lot of judging [I would say “regulating & investigating”, not “legislating & judging”, but that’s me]. Giving the president unfettered authority over them, she says, would concentrate “massive unchecked power” in the #ExecutiveBranch, at odds with the #SeparationOfPowers.

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #power #Congress 🧵

2025-12-08

Professor Nelson’s article acknowledged that #SCOTUS “appears to be moving toward a sweepingly pro-president position.”

Letting the president fire ofcls “for reasons good or bad,” Nelson wrote, would grant him “an enormous amount of #power —more power, I think, than any sensible person should want anyone to have, & more power than any member of the founding generation could have anticipated.”

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

Nelson’s September article was repeatedly cited by lawyers for Rebecca Kelly Slaughter, the member of the #FTC whose firing is at issue in Monday’s case, in her main #SCOTUS brief. In reply, lawyers for #Trump wrote that Ms. Slaughter’s brief “rehashes objections to the removal power” from a “recent essay by Professor Caleb Nelson.”

#law #HumphreysExecutor #ActivistCourt #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

Professor Nelson, who teaches at the University of Virginia and served as a law clerk to Justice #ClarenceThomas, has been exceptionally influential. His scholarship has been cited in more than a dozen #SCOTUS opinions & by every member of the 6-justice conservative majority.

#law #HumphreysExecutor #ActivistCourt #Trump #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵

2025-12-08

In Sept, though, a leading originalist law professor, Caleb E. Nelson, challenged that wisdom in an article that attracted attention in legal circles & beyond. He wrote that the text of the #Constitution & the historical evidence surrounding it in fact grant #Congress broad authority to shape the #ExecutiveBranch, including by putting limits on the president’s #power to fire people.

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #SeparationOfPowers 🧵
democracyproject.org/posts/mus

2025-12-08

The conservative legal movement has long argued an originalist understanding of the #Constitution — an interpretation that looks to how the document was understood at the time of the nation’s founding—demands letting the president remove #ExecutiveBranch officials as he sees fit. The so-called “unitary executive theory,” says the president should have complete control of the exec branch & congressional efforts to shield leaders of #independent agencies from #politics should be forbidden.

#law 🧵

2025-12-08

Sauer is quick to try to carve out the #FederalReserve, saying the admin has not challenged congressional limitations on the president’s #power to remove its members.

But that has started a long back & forth between several Justices & Sauer about which agencies would not be subject to a decision in favor of #Trump.

There are hundreds of “#independent” federal agencies.

#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #ExecutiveBranch #SeparationOfPowers #Congress 🧵

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