Post B138LyYLgWd6HUXQOG by bkahn@beige.party
(DIR) More posts by bkahn@beige.party
(DIR) Post #B10egRWYIMQiz3caP2 by Nonilex@masto.ai
2025-12-07T15:40:19Z
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#SCOTUS weighs another step in favor of broad presidential #power sought by #TrumpChief Justice #JohnRoberts has led the Supreme Court ‘s conservative majority on a steady march of increasing the power of the presidency….The justices could take the next step in a case being argued Monday that calls for a unanimous 90-year-old decision limiting #ExecutiveAuthority to be overturned.#law #ActivistCourt #independence #HumphreysExecutor https://apnews.com/article/supreme-court-trump-executive-power-firing-0b2e5e38911f17059187a92eb533b273
(DIR) Post #B10egyDYjzqUNhzNse by Nonilex@masto.ai
2025-12-07T15:41:05Z
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The court’s conservatives, liberal Justice Elena Kagan noted in September, seem to be “raring to take that action.”They already have allowed Trump, in the opening months of the Republican’s second term, to fire almost everyone he has wanted, despite the court’s 1935 decision in #HumphreysExecutor that prohibits the president from removing the heads of #independent agencies without cause.#law #SCOTUS #ActivistCourt
(DIR) Post #B10f8FoZQLDImBJJq4 by Nonilex@masto.ai
2025-12-07T15:45:59Z
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The ofcls include Rebecca Slaughter, whose firing from the #FTC is at issue in the current case, as well as ofcls from the #NLRB, #MSPB & #CPSC.The only ofcls who have so far survived efforts to remove them are Lisa Cook, a #FederalReserve governor, & Shira Perlmutter, a #LibraryOfCongress copyright ofcl. #SCOTUS already has suggested that it will view the Fed differently from other #independent agencies, & #Trump has said he wants her out because of allegations of mortgage fraud.#law
(DIR) Post #B10vvBC4zVm5tverxo by PaulWermer@sfba.social
2025-12-07T18:54:05Z
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@Nonilex But after all, #HumphreysExecutor was used to prevent #FDR from replacing a conservative. Now that the #GOP has power, of course the ruling is inappropriate.#SituationalJurisprudence is not a basis for justice or integrity in government.
(DIR) Post #B12b8HF86OYZhoPPai by Nonilex@masto.ai
2025-12-08T14:10:36Z
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#Trump is once again asking #SCOTUS to expand his #power as the justices on Monday consider whether he can fire #independent government officials insulated by #laws meant to shield them from #politics.The case involves Trump’s firing of a commissioner on the #FTC & a landmark decision from 1935, which said that #Congress could put limits on the president’s authority to remove some executive branch officials.#law #HumphreysExecutor #ActivistCourt #Autocracy https://www.nytimes.com/live/2025/12/08/us/trump-supreme-court-presidential-power?smid=nytcore-ios-share
(DIR) Post #B12bK3XSscyag4bMWG by Nonilex@masto.ai
2025-12-08T14:12:43Z
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Since returning to the White House, #Trump has fired government #watchdogs, leaders of #independent agencies & rank-and-file federal workers, drawing multiple legal challenges.#SCOTUS has generally allowed the firings to take effect through temporary emergency orders. This case is the first opportunity for the court to issue a conclusive ruling on the underlying legal questions of Trump’s firings.#law #HumphreysExecutor #ActivistCourt #Autocracy
(DIR) Post #B12bhelYdUXQnRRm6K by Nonilex@masto.ai
2025-12-08T14:17:01Z
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Under federal #law, #Trump is free to fire Rebecca Kelly Slaughter, a member of the #FTC. But he has to provide a reason. #Congress has defined sufficient cause to fire a member of the FTC as “inefficiency, neglect of duty or malfeasance in office.”#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy
(DIR) Post #B12blHJflOvLE78BNI by Nonilex@masto.ai
2025-12-08T14:17:40Z
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#Trump says the #SeparationOfPowers guaranteed by the #Constitution forbids #Congress to limit his ability to run the #ExecutiveBranch. For that reason, he insists that he can fire Ms. Slaughter & other leaders of #independent agencies for any reason — or for no reason at all. Congressional efforts to shield officials from political interference by curbing his ability to fire regulators, he argues, are unconstitutional.#law #HumphreysExecutor #SCOTUS #ActivistCourt #Autocracy
(DIR) Post #B12bsZEJYlCyoO6HmC by Nonilex@masto.ai
2025-12-08T14:18:59Z
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The case #SCOTUS hears today will test that proposition.But how hard would it be for #Trump to simply comply with statutes requiring him to give a reason before firing regulators? The legal terrain is surprisingly uncharted because attempts to remove leaders of independent agencies “for cause” are exceedingly rare.#law #HumphreysExecutor #ActivistCourt #Autocracy
(DIR) Post #B12c3wm2Me5918Ifia by Nonilex@masto.ai
2025-12-08T14:21:00Z
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Federal laws requiring presidents to show cause are, on the other hand, commonplace. More than 30 statutes say that leaders of executive agencies can be removed only for some combination of the same factors cited in the #law shielding #FTC commissioners like Ms. Slaughter. Another 20 or so, like the one governing the #FederalReserve Board, say only that agency leaders may be removed “for cause,” without elaboration.#HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy
(DIR) Post #B12dSFvGv7wJJKm6W8 by MJmusicinears@mastodon.world
2025-12-08T14:36:05Z
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@Nonilex Democrats fucked up by not expanding the court and implementing term limits and ethics standards. Especially since this illegitimate SCOTUS lacks any ethics
(DIR) Post #B12h3XcUNymGm4SaGm by Nonilex@masto.ai
2025-12-08T15:16:57Z
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Arguments have started 🧵Trump’s Solicitor General D. John Sauer opened his argument by calling the court’s landmark decision in the 1935 case #HumphreysExecutor “an indefensible outlier.” He called the case “a decaying husk with bold & particularly dangerous pretensions” that was “grievously wrong” when it was decided.Again. This was a landmark decision that has stood for 90 years.#law #SCOTUS #ActivistCourt #Trump #Autocracy #ExecutiveBranch #power
(DIR) Post #B12hIiExBK4q3ZgZjE by Nonilex@masto.ai
2025-12-08T15:19:43Z
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Justice Sonia #Sotomayor says #SCOTUS should be wary of overturning a 90-year-old precedent that established the very structure of the modern #FederalGovernment.Sotomayor appears sharply skeptical of the #Trump admin’s argument that the president has the #power to fire the leaders of #independent agencies. “You’re asking us to overturn a case that has been around for over 100, nearly 100 years. Correct?”#law #HumphreysExecutor #SCOTUS #ActivistCourt #Autocracy #ExecutiveBranch
(DIR) Post #B12hUYDwFROYSyr83E by Nonilex@masto.ai
2025-12-08T15:21:52Z
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#Sotomayor added, “You’re asking us to destroy the structure of government” & “to take away from #Congress its ability” to decide the “government is better structured with some agencies that are #independent.”#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #ExecutiveBranch #power
(DIR) Post #B12iAiKN4ZjXxtyAzY by Nonilex@masto.ai
2025-12-08T15:29:27Z
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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 🧵
(DIR) Post #B12ipUGYG4luE7cp0q by Nonilex@masto.ai
2025-12-08T15:36:14Z
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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 🧵
(DIR) Post #B12iw7vBjWUCxAnZui by Nonilex@masto.ai
2025-12-08T15:38:02Z
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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 🧵https://democracyproject.org/posts/must-administrative-officers-serve-at-the-presidents-pleasure
(DIR) Post #B12j5RTsNg4oDqSvaa by Steve@social.coop
2025-12-08T15:39:40Z
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@Nonilex Really? There's a strain of originalism that isn't a thin cover for autocracy?
(DIR) Post #B12jDHBwWIVKcxoT6u by GhostOnTheHalfShell@masto.ai
2025-12-08T15:41:07Z
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@Nonilex If the Supreme Court will not defend the constitution, should we even recognize its authority?Having handed over near absolute power to the president of the United States and handed away their own discernment, what purpose do they serve other than to be a priesthood peddling an ideology they make up on the spot
(DIR) Post #B12jEyotnR3SEBqYuO by Nonilex@masto.ai
2025-12-08T15:41:28Z
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@Steve It shook the rest of them
(DIR) Post #B12jZJNt33iBnZuINM by Nonilex@masto.ai
2025-12-08T15:45:08Z
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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 🧵
(DIR) Post #B12jgtsHmDIGzxkD0i by Nonilex@masto.ai
2025-12-08T15:46:30Z
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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 🧵
(DIR) Post #B12jxf5fzqMQ4N04dE by Nonilex@masto.ai
2025-12-08T15:49:32Z
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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 🧵
(DIR) Post #B12k6kNtgQSb5ur4hE by Nonilex@masto.ai
2025-12-08T15:51:10Z
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But the question is not whether allowing limits on the president’s power to fire officials is sensible, Professor Nelson wrote.“I am an originalist, & if the original meaning of the #Constitution compelled this outcome, I would be inclined to agree that the Supreme Court should respect it until the Constitution is amended through the proper processes,” he wrote.But the textual & historical evidence is “far more equivocal than the current court has been suggesting,” he wrote.#law #SCOTUS 🧵
(DIR) Post #B12kPwvjGMbFVRptdw by Nonilex@masto.ai
2025-12-08T15:54:39Z
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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, 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 🧵
(DIR) Post #B12knBrHvSGSSxqCHY by Nonilex@masto.ai
2025-12-08T15:58:51Z
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Sauer immediately jumps on Kagan characterization of agencies do legislating & judging as further reason why agencies need to be reeled in because if they’re doing those things then they’re violating the Constitution’s #SeparationOfPowers. Legislation being a #power of #Congress & judging obviously a power of the #judiciary.This is exactly why I disagreed with her phrasing. Regulating is more accurate anyway.#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #ExecutiveBranch 🧵
(DIR) Post #B12kyfz2GJWH5AwRCy by Nonilex@masto.ai
2025-12-08T16:00:56Z
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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 🧵
(DIR) Post #B12lHlrWd31YokX9sm by Nonilex@masto.ai
2025-12-08T16:04:23Z
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Justice Ketanji Brown #Jackson expressed doubt that more presidential firing power is better for democracy."You seem to think that there's something about the president that requires him to control everything as a matter of democratic accountability, when, on the other side, we have #Congress saying we'd like these particular agencies & officers to be #independent of presidential #control for the good of the people," Jackson told Sauer.#law #SCOTUS #ActivistCourt #Trump #SeparationOfPowers 🧵
(DIR) Post #B12liBw6JFxHDHGwQS by Nonilex@masto.ai
2025-12-08T16:09:10Z
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"And I don't understand why it is," #Jackson said, "that the thought that the president gets to control everything, can outweigh Congress's clear authority & duty to protect the people in this way?"Jackson notes that #Congress has decided #experts should be who is making decisions about particular areas. Then the president comes in & fires scientists, economists, PhDs etc with #loyalists. How is that in the people’s best interests?#law #HumphreysExecutor #SCOTUS #Trump #SeparationOfPowers 🧵
(DIR) Post #B12m2tY3rzekGXtsDg by Nonilex@masto.ai
2025-12-08T16:12:54Z
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Finally Sauer is finished.The justices will now hear from Amit Agarwal the lawyer representing fired #FTC commissioner Rebecca Slaughter.Agarwal is a special counsel for Protect Democracy, which describes itself as “a cross-ideological nonprofit group dedicated to defeating the authoritarian threat.”He worked as a law clerk for Judge #Kavanaugh on the US Court of Appeals for DC, before #Trump nominated Kavanaugh to #SCOTUS. He also worked as a clerk for Justice Samuel #Alito.#law
(DIR) Post #B12mwDHKDQJZNuRwKu by Nonilex@masto.ai
2025-12-08T16:22:53Z
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For the first time in the hearing, Justice #ClarenceThomas speaks. He had no questions for Trump’s Solicitor General John Sauer.Thomas with the help of #Gorsuch asks whether #Congress can create commissions of multimember agencies with presidential secretaries at their top, with differing firing powers.Pretty sure Congress just let out a collective groan at that prospect.This would be asking them to restructure government.#law #SCOTUS #ActivistCourt #Trump #SeparationOfPowers 🧵
(DIR) Post #B12mx6HDjVuXxVp8JE by ChrisHolladay@mastodon.social
2025-12-08T16:23:01Z
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@Nonilex Chalk that up as a 🔥🔥🔥🔥🐱
(DIR) Post #B12oEiZIidG5ayFGmO by 3x10to8mps@mastodon.social
2025-12-08T16:36:44Z
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@Nonilex Destroying the government from within was the whole intent
(DIR) Post #B12osudNHJDgbFJi6a by su_liam@mas.to
2025-12-08T16:44:31Z
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@Nonilex Real constitutional scholar there. How can a Supreme Court justice like Clarence Thomas be expected to understand the three branches of government or that they’re supposed to separate and co-equal? Actually, a constitutional scholar would probably understand that the legislative branch was given a somewhat superior position, but whatever.
(DIR) Post #B12qKwS2DQsMIWwTPE by Nonilex@masto.ai
2025-12-08T17:00:57Z
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#SCOTUS has ruled #Congress cannot limit the president’s #power to fire agencies led by a single official. The question before the court today is if it can insulate members of multi-member commissions from removal.In 2020, in ruling Congress could not limit the president’s power to fire the head of the #CFPB, CJ #JohnRoberts wrote the ruling “does not foreclose Congress from pursuing alternative responses to the problem—for example, converting the CFPB into a multimember agency.”#law #Trump🧵
(DIR) Post #B12qVcnXcrQaWw5zpw by Nonilex@masto.ai
2025-12-08T17:02:55Z
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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 🧵
(DIR) Post #B12qhFc7eLhQ6JIYdc by Nonilex@masto.ai
2025-12-08T17:05:01Z
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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 🧵
(DIR) Post #B12qsM0MEFsn6hvcvo by Nonilex@masto.ai
2025-12-08T17:07:01Z
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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 🧵
(DIR) Post #B12rPoHm6O9KNK1p1U by Nonilex@masto.ai
2025-12-08T17:13:02Z
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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. ↑→https://masto.ai/@Nonilex/115684689986721167#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵
(DIR) Post #B12rw6yCAbdRadGy5g by Nonilex@masto.ai
2025-12-08T17:18:53Z
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The Sinking Fund Commission has come up several times. Historians & legal scholars regard it as the nation’s first #independent agency. Created in 1790 by the first #Congress, the 5-member commission approved payments to settle America’s Revolutionary War debts.The commission’s structure was proposed by #AlexanderHamilton, who saw it as a way to insulate members from #political pressures.#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #power #SeparationOfPowers 🧵
(DIR) Post #B12s3JmcvcytMCIXcO by Nonilex@masto.ai
2025-12-08T17:20:12Z
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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 🧵
(DIR) Post #B12sKU9nc1j8SBK4SO by Nonilex@masto.ai
2025-12-08T17:23:18Z
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Several conservative #SCOTUS justices have signaled for years that they were ready to overturn the 1935 precedent — #HumphreysExecutor v. US — at issue today.CJ #JohnRoberts wrote in a 2010 opinion in #FreeEnterprise Fund v. Public Company Oversight Board that the president’s #power generally includes “the authority to remove those who assist him in carrying out his duties. Without such power, the president could not be held fully accountable for discharging his own responsibilities.”#law 🧵
(DIR) Post #B12sYYdNlNWAORs0dE by Nonilex@masto.ai
2025-12-08T17:25:51Z
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During #Trump’s first term in 2020, #SCOTUS took another step toward expanding the president’s authority to oust #independent ofcls. In a 5-to-4 decision in #Seila Law LLC v. #CFPB, the court said the structure of the CFPB was unconstitutional because it did not allow the president to fire the director without cause.But the decision distinguished between government agencies run by a single director & those led by multimember commissions that “do not wield substantial executive power.”#law 🧵
(DIR) Post #B12sjWMuWkO0YHOSMi by Nonilex@masto.ai
2025-12-08T17:27:50Z
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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 🧵
(DIR) Post #B12snP8jLTF1I5c2Do by Nonilex@masto.ai
2025-12-08T17:28:32Z
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“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 🧵
(DIR) Post #B12tnH9l7xLeU7b1Oa by Nonilex@masto.ai
2025-12-08T17:38:55Z
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Agarwal, atty for the fired #FTC commissioner Rebecca Slaughter, says in response to the justice’s questions about the consequences of allowing a president to fire agency leaders, that “there are real-world risks that are palpable.” He cited concerns about the Federal Election Commission #FEC [can you imagine?!] being under the total control “of a political actor,” as well as the Nuclear Regulatory Commission’s technical determinations.#law #SCOTUS #ActivistCourt #Trump #SeparationOfPowers 🧵
(DIR) Post #B12u5PeSHVlO2obPI8 by Nonilex@masto.ai
2025-12-08T17:42:55Z
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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. 😞#law #HumphreysExecutor #ActivistCourt #Autocracy #power #ExecutiveBranch #SeparationOfPowers #Congress 🧵
(DIR) Post #B12uOeiyStEoIItMSu by Nonilex@masto.ai
2025-12-08T17:46:23Z
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@FediThing Unfortunately that’s how the law works. The court examines only the question put forth in any given case. Though sometimes this particular court goes further.
(DIR) Post #B12voQCBCoXwiVP0t6 by Nonilex@masto.ai
2025-12-08T18:02:12Z
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@HarriettMB This won’t affect #SCOTUS. It will affect #Congress & “independent” #FederalAgencies like the EPA, FTC, FCC … actually here’s an Amicus brief that lists 50 agencies expected to be impacted. SCOTUS is #judiciary not #legislative.https://www.supremecourt.gov/DocketPDF/25/25-332/384607/20251114161938562_No.%2025-332_Amicus%20Brief.pdf
(DIR) Post #B12zm2UokRfMS5Ev7A by su_liam@mas.to
2025-12-08T18:46:41Z
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@Nonilex Unitary executive theory, especially with the immunity makes the Framers choice to have two other co-equal, but powerless branches of government idiotic. Especially with the amount of pointless verbiage about the structure and powers of the legislature.
(DIR) Post #B138LyYLgWd6HUXQOG by bkahn@beige.party
2025-12-08T20:22:47Z
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@Nonilex That's rich, given that Roberts helped rule that Trump can't be held responsible for any crime committed while President.