Liberal supreme court justices condemn ‘destabilizing’ ruling that expands Trump’s power to fire regulators – live

Liberal supreme court justices condemn ‘destabilizing’ ruling that expands Trump’s power to fire regulators – live


An overview of today’s supreme court rulings

  • The supreme court ruled that Donald Trump’s firing of Federal Reserve governor Lisa Cook was unconstitutional, in a landmark ruling that limits a president’s authority over the central bank. In its opinion, the court said that Trump does not have the constitutional authority to fire a Fed governor without cause. The ruling is a major win for the central bank, which has spent the last year under attack from the White House.

  • But, in a separate case, the justices ruled that Trump can fire leaders of independent agencies or commissions, ending 90 years of court precedent that curbs executive power. That case centered on Rebecca Slaughter, whom Trump fired as Federal Trade Commission member in March last year over email, telling her that keeping her as a commissioner would be “inconsistent with [the] administration’s priorities”.

  • The court handed Trump another loss, refusing to hear his bid to overturn a $5m verdict in favor of E Jean Carroll in a case in ⁠which a jury found ⁠him liable for sexually ​abusing the former magazine columnist and then defaming her. The 2023 jury verdict and a $5m civil judgment remain in place. The high court declined to take up the case in a brief, unexplained order. There were no noted dissents.

  • The supreme court sided against national Republicans and the Trump administration to allow mail-in ballots that arrive after election day to be counted, upholding the law in more than a dozen states. The Republican National Committee had challenged a Mississippi state law allowing mailed ballots to be counted if they arrive within five business days of election day, so long as they were postmarked by election day. The court’s liberal justices pointed to federal laws that allow for grace periods, while noting that a ruling here could also implicate early voting, another common practice.

  • The court also refused to revive a $300m defamation lawsuit filed against CNN over its coverage of a prominent attorney’s remarks made while defending Trump during his 2020 impeachment. Alan Dershowitz said CNN aired only a portion of the comment made during his defense of the president, distorting his meaning to make him look like he’d “lost his mind”. The network said that multiple outlets had interpreted his remarks in a similar way, and Dershowitz couldn’t show CNN was trying to mischaracterize what he said. The court’s majority declined to take up the case in a brief, unexplained order.

  • And finally, the supreme court threw out a judicial decision ⁠involving a Virginia man’s challenge to a “geofence” warrant used by police to access cellphone location data near a crime scene leading to his conviction for armed robbery. The justices threw out ⁠a lower court’s ruling against ⁠defendant Okello Chatrie, who ​had argued he was subjected to an illegal search and that evidence in his case should be excluded. The court agreed that a search had occurred, but sent the case back to a lower court to conduct further analysis.

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Key events

Supreme court Slaughter ruling gives the president a ‘power unknown even to the English Crown’, writes Sotomayor in blistering dissent

As we’ve been reporting, the supreme court’s decision in Trump v. Slaughter upends almost 100 years of precedent limiting the ability of the president to fire leaders of independent agencies or commissions at will.

In a blistering dissenting opinion, Justice Sonia Sotomayor wrote that this “destabilizing” decision “reshapes the government … shifting tremendous power over broad swaths of American life in to the president’s hands”, and gives him “a power unknown even to the English Crown against which the Founders revolted”.

Here are some extracts from her dissent, in which she was joined by the court’s other liberal justices, Elena Kagan and Kentaji Brown Jackson.

double quotation markToday, this Court undoes centuries of political practice and concludes that all three branches of Government have been acting in open defiance of the Constitution all this time. Its conclusion is wrong.

The text of the Constitution, along with its history, the longstanding practices of the political branches, and the precedents of this Court, make clear that Congress may limit the causes for which the heads of Commissions like the FTC can be removed by the President. In holding otherwise, the Court gives the President a power unknown even to the English Crown against which the Founders revolted, elevating him above his once coequal branches by transforming a duty to take care that the laws be faithfully executed into a license to act in defiance of those very laws.

The very existence of independent commissions like the FTC thus depended on (and Congress’s decision to create the agencies relied upon) the premise that these agencies would exist at some remove from partisan politics and enjoy the removal protections necessary to achieve that goal.

Today’s decision profoundly undermines this reliance and, as a result, undercuts one side of the balance that the political branches struck. Put simply, today the majority reshapes our Government. Dozens of independent commissions are now likely to become purely executive agencies, shifting tremendous power over broad swaths of American life into the President’s hands.

Seldom, if ever, has this Court worked such a profound bait and switch on a coequal branch: For more than 90 years, Congress believed, with this Court’s express approval, that it was allowed to create a workable Government, including by granting certain agencies tasked with certain responsibilities some independence from Presidential control. In rejecting that project, after decades of promising the political branches that structures like the FTC’s were permissible, the Court creates an Executive Branch that Congress never dreamed of establishing and that it now has little hope of ever reining in.

Not two years ago, I wrote of a ‘disconcerting trend’ in this Court’s cases: ‘When it comes to the separation of powers, this Court tells the American public and its coordinate branches that it knows best.’ Matters that for centuries had been left to the political branches have been subordinated, one after another, to this recent Court’s rigid theories of how Government should operate. The majority’s decision continuing that trend today is egregiously wrong. In this case, the Court takes one of the oldest debates in American history and decides that the six Justices in the majority, alone, ought to be the ones to settle it for all time. That decision does not just overrule precedent; it all but ignores that precedent exists. It does not just hamstring the political branches’ ability to respond to new challenges; it rewinds the clock nearly 150 years, holding that a common agency structure is, and always has been, forbidden. It is true that today’s decision does not eliminate the FTC or the many other agencies whose structures are implicated by overruling Humphrey’s. It is undeniable, however, that those agencies will be transformed in ways that those who created them never could have expected and actively sought to avoid, fundamentally recalibrating the balance of power in this country in the process.

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