An Unhappy Anniversary: Trump’s Year in Office

https://fed.brid.gy/r/https://www.newyorker.com/news/the-lede/an-unhappy-anniversary-trumps-year-in-office

Charlie Savage reveals a Justice Dept. memo empowering Trump to deploy troops in Venezuela unilaterally, citing a discredited "Cartel de los Soles" claim. This exposes risky legal overreach in executive power. Explore the full complexities and implications at The New York Times: https://www.nytimes.com/2026/01/13/us/politics/justice-department-trump-troops-venezuela.html #JusticeDept #Venezuela #ExecutivePower #CharlieSavage

Roberts and Kagan prepare for another showdown on executive power – CNN Politics

Politics 9 min read

Roberts and Kagan prepare for another showdown on executive power

By Joan Biskupic, CNN Chief Supreme Court Analyst, Dec 5, 2025 See all topics

Chief Justice John Roberts and Justice Elena Kagan are well matched, rhetorically forceful opposites. And they have been clashing for more than a decade over an increasingly relevant question of presidential power: How easy should it be for the president to fire the heads of independent agencies?

That issue, to be aired at the Supreme Court on Monday, has grown more salient as President Donald Trump has attempted to remove multiple officials, including at the Federal Trade Commission, National Labor Relations Board and Federal Reserve.

Their first faceoff occurred in 2009 before Kagan had even joined the court, as she was serving as US solicitor general, standing in the well of the courtroom, with Roberts looking down from the center chair. They tangled over a 1935 precedent that protects agency independence and that now hangs in the balance, Humphrey’s Executor v. United States.

Since his days as a young lawyer in the Ronald Reagan administration, Roberts has argued for vast executive power, including the authority to fire individuals who lead administrative agencies. “Without such power,” Roberts wrote in the 2009 dispute over a corporate auditing board, “the President could not be held fully accountable for discharging his own responsibilities; the buck would stop somewhere else.”

Kagan, in contrast, believes the constitutional separation of powers allows Congress to establish and safeguard certain areas of administrative independence. And she has relied on Supreme Court rulings, including the 1935 milestone, that have allowed Congress to prevent the president from removing independent administrators without sufficient grounds.

Monday’s case was brought by former Federal Trade Commissioner Rebecca Slaughter, who received a March 18 email from Trump saying her “continued service on the FTC is inconsistent with my Administration’s priorities.” (Under the law governing the FTC, commissioners can be removed only for “inefficiency, neglect of duty, or malfeasance in office.”)

The court’s ruling will extend far beyond Slaughter and the FTC and have vast consequences for specialized regulation in an array of financial, environmental and public safety spheres.

In an early phase of Slaughter’s lawsuit, in September, the Roberts majority reversed a lower court order that would have allowed Slaughter to stay in her post. The move was consistent with Roberts’ opinions that have steadily eroded the reach of Humphrey’s Executor v. United States and signaled he considers it a dead letter.

Related article Supreme Court flicks at First Amendment concerns with state’s subpoena of faith-based pregnancy centers

“The majority may be raring to take that action,” Kagan observed as she dissented from that September action. “But until the deed is done, Humphrey’s controls, and prevents the majority from giving the President the unlimited removal power Congress denied him.”

More broadly, the eventual ruling could build on other decisions providing Trump more power as he carries out his second term agenda. Last year, Roberts and his fellow conservatives granted Trump substantial immunity from prosecution as it expanded the concept of a president’s “conclusive and preclusive” authority. Then, earlier this year, the court freed the administration from lower-court nationwide orders against his various policy initiatives.

These decisions have dissolved constraints on the president, and if the court were to reverse the 1935 case, the president would be further unburdened by congressional legislation barring him from removing agency officials without sufficient grounds.

Vanderbilt University political science professor John Dearborn, who has studied the Reagan era development of a “unitary executive theory” and Roberts’ writings, told CNN, “He’s had these kinds of ideas for a long time, that the only way that agencies are accountable is if the president has the power to fire people.”

‘I didn’t say anything bad about Humphrey’s Executor’

Before joining the bench, Roberts and Kagan were first-rate oral advocates with their own, respective, steady and tenacious styles. Roberts served as a deputy US solicitor general during the George H.W. Bush administrations and then appeared frequently at the court in private practice. He argued a total 39 cases before the high court.

Kagan, who hadn’t previously argued a case at the high court, was named US solicitor general in 2009 by President Barack Obama. She went on to argue six cases, including the presidential-removal controversy, before Obama nominated her to the bench in 2010 to succeed retiring Justice John Paul Stevens.

Continue/Read Original Article Here: Roberts and Kagan prepare for another showdown on executive power | CNN Politics

#ChiefJusticeRoberts #CNN #CNNPolitics #Conservative #ExecutiveBranch #ExecutivePower #IndependentAdministrators #JusticeKagan #Liberal #President #RemoveOfficials #Showdown #SufficientGrounds #USCongress #USPresident

Could presidential power expand unchecked? Kevin Breuninger reports a court ruled President Donald Trump can fire labor board members at will, overturning limits. This challenges protections and raises concerns about executive authority and labor rights. Dive into the full ruling. Excellent reporting by Breuninger.
https://www.cnbc.com/2025/12/05/trump-nlrb-mspb-appeals-court-humphreys.html #LaborLaw #ExecutivePower #NLRB #MSPB

Andrew McCarthy warns, did Trump cross a dangerous red line with Pentagon retaliation against Senator Kelly? He argues politicizing the military represents a new level of executive power abuse beyond typical lawfare. Read McCarthy's full analysis in @nationalreview: https://www.alternet.org/trump-mark-kelly-sedition/ #Trump #Military #ExecutivePower

A quotation from Thomas Hobbes

The Lawes are of no power to protect them, without a Sword in the hands of a man, or men, to cause those laws to be put in execution.

Thomas Hobbes (1588-1679) English philosopher
Leviathan, Part 2 “Of Common-wealth,” ch. 21 “Of the Liberty of Subjects” (1651)

More about this quote: wist.info/hobbes-thomas/80415/

#quote #quotes #quotation #qotd #thomashobbes #leviathan #executivepower #force #government #law #lawandorder #lawenforcement #protection #ruleoflaw

Luke Broadwater reveals a bold truth: President Trump can unilaterally release Epstein investigation files without congressional vote. Despite his past encouragement for lawmakers to compel the DOJ, the president holds direct power over these documents, raising questions about transparency and executive authority. Read Broadwater's insight on this power play: https://www.nytimes.com/2025/11/17/us/politics/trump-epstein-files-congress.html #Politics #Transparency #ExecutivePower Broadwater truly sheds light on this complex issue.

That emergency docket [aka #ShadowDocket], a growing part of #SCOTUS’ work in recent years, has taken on greater importance amid the flood of litigation challenging #Trump’s efforts to *expand* [consolidate] #ExecutivePower.

While the orders are technically temporary, they have had broad practical effects, allowing the admin to #deport tens of thousands of people, discharge #transgender #military service members, fire thousands of #FederalWorkers & slash federal #funding.

#law #judiciary

Jonathan Ernst reveals heated GOP clashes as Trump pushes federalizing National Guard in cities, sparking constitutional alarms. Former governors Kasich, Hutchinson, and Whitman warn of overreach; calls for Supreme Court review grow loud. Meanwhile, some GOP leaders back Trump’s bold move amid rising tensions. Dive into the controversy here: https://www.alternet.org/trump-national-guard-governors-gop/ #DonaldTrump #NationalGuard #executivepower #statevsfederal #USpolitics #governors #partisandivide Thanks to Jonathan Ernst for this thorough report!

The Tyrant In The White House

https://fed.brid.gy/r/https://www.techdirt.com/2025/10/06/the-tyrant-in-the-white-house/

#SCOTUS will evaluate #Trump's expansive claims of presidential #power in its new term

The Supreme Court is beginning a new term Monday with a sharp focus on Trump’s robust assertion of #ExecutivePower.

Pivotal cases on #voting & the rights of #LGBTQ people also are on the agenda. On Tuesday, the justices will hear arguments over bans passed by nearly half of US states on *therapy* aimed at changing sexual #orientation or #gender identity.

#law #ActivistCourt
https://apnews.com/article/supreme-court-trump-executive-power-lgbtq-voting-98285156a1279b2ff7fe15b8d96eef37?utm_source=onesignal&utm_medium=push&utm_campaign=2025-10-06-Opening+session

A federal #judge blocked #Trump’s plan to deploy 200 #Oregon #NationalGuard troops to #Portland, ruling the move #unconstitutional and “untethered to the facts,” as Oregon officials argued it violated #state #sovereignty and exaggerated unrest; the #WhiteHouse called the decision a “legal insurrection” and appealed, deepening the national clash over #executivepower, #federalism, & the limits of #military force in #US cities. #trump unconstrained by court decisions, #law #constitution #congress

Supreme Court Uses Shadow Docket To Let Trump Fire FTC Commissioner While Pretending They Haven’t Already Decided The Case

https://fed.brid.gy/r/https://www.techdirt.com/2025/09/25/supreme-court-uses-shadow-docket-to-let-trump-fire-ftc-commissioner-while-pretending-they-havent-already-decided-the-case/

Is American democracy at risk of executive takeover? Heather Cox Richardson reveals how the Trump administration is aggressively centralizing power, using emergency claims to override state election control and intimidate voters. This alarming strategy echoes authoritarian tactics and sidelines checks and balances. Explore the full analysis here: https://heathercoxrichardson.substack.com/p/september-8-2025 #Democracy #ElectionIntegrity #ExecutivePower

Donald Trump has asked the Supreme Court to fast-track a review after a court ruled most of his "reciprocal tariffs" illegal, arguing he overstepped presidential authority under IEEPA. This case challenges the balance of power between Congress and the president on trade policy. The full story reveals potential shifts in executive power and trade law: https://www.cnbc.com/2025/09/03/trump-tariffs-trade-supreme-court.html. Excellent analysis by Erin Doherty. #Trump #tariffs #SupremeCourt #trade #IEEPA #Congress #executivepower #legalchallenge

Chaos grips U.S. agencies as Trump’s administration purges experts and flouts norms. Heather Cox Richardson reveals CDC, SSA, EPA in turmoil with ethical crises, resignations, and ignored laws. Executive overreach sparks legal battles over spending and tariffs. Discover the full unraveling here: https://heathercoxrichardson.substack.com/p/august-29-2025 #GovernmentCrisis #Accountability #PublicHealth #ExecutivePower

Could Trump really remove Fed's Lisa Cook for mortgage fraud? Erin Doherty and Kevin Breuninger report a federal judge will soon hear Cook's challenge to Trump’s firing attempt, arguing it’s baseless under the Federal Reserve Act. This case tests executive power limits and the Fed’s independence. Full story: https://www.cnbc.com/2025/08/28/trump-fed-lisa-cook-lawsuit-powell.html Praise to Doherty and Breuninger for this detailed report. #FederalReserve #LisaCook #DonaldTrump #SupremeCourt #JeromePowell #lawsuit #removal #mortgagefraud #executivepower #centralbankindependence #AbbeLowell #JudgeJiaCobb #BreakingNews #CNBC

Federal Reserve Governor Lisa Cook is fighting back after Trump’s unprecedented attempt to oust her over unproven mortgage fraud claims. Erin Doherty and Kevin Breuninger detail the lawsuit challenging the President’s authority and safeguarding Fed independence. This legal battle could reach the Supreme Court and reshape executive power limits. Read more: https://www.cnbc.com/2025/08/28/trump-fed-lisa-cook-lawsuit-powell.html #LisaCook #Trump #FederalReserve #JeromePowell #lawsuit #mortgagefraud #executivepower #centralbankindependence #SupremeCourt

Brian Snyder and Heather Digby Parton reveal GOP doubts about Trump’s move to fire Fed’s Lisa Cook amid weak fraud claims by Bill Pulte. This risks setting a dangerous precedent for removing independent officials, threatening Federal Reserve autonomy. Cook fights back with legal action. Read more: https://www.alternet.org/donald-trump-republicans-lisa-cook/ #DonaldTrump #LisaCook #FederalReserve #Republicans #JeromePowell #BillPulte #HeatherDigbyParton #SupremeCourt #ExecutivePower #FederalIndependence

Minting Pennies, Legalities and Economics of Executive Authority

Author(s): Scott Douglas Jacobsen

Publication (Outlet/Website): The Good Men Project

Publication Date (yyyy/mm/dd): 2025/04/22

Oliver Morrisey is the owner and director of Empower Wills and Estate Lawyers, a leading Australian law practice specializing in wills and estate law. With 15 years of legal experience, Oliver’s sole objective is to deliver the best results for his clients, and he achieves this through a unique combination of expert knowledge, personalized service, and strategy. Michael Montgomery is a political scientist at University of Michigan-Dearborn, specializing in U.S. elections, presidential power, public policy, and philanthropy, with a background as a U.S. diplomat in economic affairs. Ben Michael is the founding attorney of Michael & Associates, specializing in DUI/DWI, assault, drug possession, and felony defense. Recognized as a Top 10 Criminal Defense Attorney in Texas, he provides personalized, high-touch legal representation with a focus on dismissals and minimizing court time. Clients receive 24/7 direct attorney access and strategic, case-specific defense to achieve the best possible outcome.

Scott Douglas Jacobsen: What is the legal and policy environment and allowance for the executive regarding the cessation of pennies from circulation ot not?

Oliver Morrisey: The power to print money lies with the U.S. Department of the Treasury, but discontinuing a particular denomination is not as straightforward as an executive order. The Coinage Act of 1965, as amended, constitutes the legal foundation for the minting of U.S. coins. The President alone does not have the power to discontinue a coin without Congress’ approval because the Constitution places the authority to regulate money in the hands of Congress. That would render any move to stop the minting of pennies a legislative matter rather than an executive action alone.

There have been discussions in the past about eliminating the penny since it is more expensive to produce than its value, but those discussions have ceased in Congress. Should Trump issue that directive, it would likely be taken to court, and the judges would most likely rule that the Treasury needs congressional approval before it can act. Should Congress approve legislation to eliminate the penny, then the Treasury could proceed, but short of that, the law remains clear.

Michael Montgomery: Removing pennies from circulation would probably require legislation. To just not mint more pennies, however, probably would not. When Canada eliminated the penny, researchers found that prices generally were rounded-up imposing a penalty on consumers.

Ben Michael: From a legal perspective, there are people who hold different opinions about whether or not the President actually has the ability to stop minting pennies. Most, however, believe that this kind of action is something that would require Congress to make the decision as they have authority over the United States Mint according to the Treasury. Those who do believe the President has the power to make this happen believe there to be some room for interpretation in the wording of the articles in the Constitution that outline this kind of authority. 

Right now, we are seeing that there is a bit of debate among experts about whether or not the President has constitutional authority to have the Treasury Department cease minting pennies. The majority of legal experts, however, don’t believe that the President has this authority. The primary reasoning behind this is because in Article I, Section 8 of the Constitution, authority over the US Mint is seemingly that of Congress – “The Congress shall have power … to coin money [and] regulate the value thereof.” So, it would be the legislative branch that ultimately has the power to make the Treasury Department cease minting pennies, not the executive branch. However, there are people who do believe the President has the right to instruct this, and that’s partly due to different interpretations of the wording of the law. Some also argue that the Treasury Secretary himself has the power to cease minting pennies, and since this position is appointed by the President, then the President at least has significant influence over this kind of decision. Even so, many who agree with this position still affirm the notion that Congress would still have to be the ones to put this into law.

So, while the majority of legal experts believe the President doesn’t have the authority to have the Treasury Department cease minting pennies, the fact that there are legal experts who hold the opposite opinion means that this is not a simple issue. 

Jacobsen: Thank you for the opportunity and your time. 

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#CoinageAct #congressionalAuthority #executivePower #pennyCirculation #USTreasury