The Supreme Court's Latest Power Play: A Strategic Gambit Against Future Presidents
As the country watches, the Supreme Court is once again waging a subtle yet significant battle for control. In its recent presidential power cases, including Trump v. Slaughter, the Court's Republican majority has been quietly advancing a radical new theory of executive power, one that would grant the president sweeping authority over federal agencies and limit the checks on his power.
This shift is not just about limiting the reach of future Democratic presidents; it's also about cementing the Court's own authority as a check on the president. The unitary executive theory, which has been championed by Justice Antonin Scalia and many other Republican justices, posits that the president holds all executive power, including over federal agencies. This idea has been largely rejected in recent years, but not by this Court.
By ruling in Trump's favor in Slaughter, the Court would effectively be granting the president unchecked control over high-ranking officials at the Federal Trade Commission and other agencies. The implications of such a decision are far-reaching, potentially allowing future presidents to fire judges on specialized courts like the US Tax Court or the military's appeals court without consequence.
But that's not all – this Court is also planning to use Slaughter as an opportunity to rewrite its own authority. Alito has suggested that the Court could simply punt certain issues to a future case, rather than deciding them now. This would allow the justices to sidestep difficult questions about the scope of executive power and give themselves more time to craft their own interpretations.
Or, in a related move, Justice Brett Kavanaugh and Neil Gorsuch are floating a separate idea: allowing the Court to veto any presidential decision they deem too consequential. While this might seem like a novel approach, it's actually an extension of the major questions doctrine – a new legal framework that has only been used once before, during Joe Biden's presidency.
The implications of such a power grab are profound. The Supreme Court would essentially be giving itself the authority to sabotage a future Democratic president's policies or appointments, all under the guise of protecting the Constitution. This is not a healthy sign for American democracy.
As long as Trump remains in office, this shift in power may seem like a minor concern. But it's precisely because we don't know what the future holds that this Court's actions are so disturbing. The Supreme Court should be an impartial arbiter of the law, not a tool for one president to wield against another.
In reality, this Court is playing a game of long-term strategic gain – where the ultimate prize is cementing its own authority as the ultimate check on presidential power. It's a game that could have far-reaching consequences for the very foundations of American democracy.
As the country watches, the Supreme Court is once again waging a subtle yet significant battle for control. In its recent presidential power cases, including Trump v. Slaughter, the Court's Republican majority has been quietly advancing a radical new theory of executive power, one that would grant the president sweeping authority over federal agencies and limit the checks on his power.
This shift is not just about limiting the reach of future Democratic presidents; it's also about cementing the Court's own authority as a check on the president. The unitary executive theory, which has been championed by Justice Antonin Scalia and many other Republican justices, posits that the president holds all executive power, including over federal agencies. This idea has been largely rejected in recent years, but not by this Court.
By ruling in Trump's favor in Slaughter, the Court would effectively be granting the president unchecked control over high-ranking officials at the Federal Trade Commission and other agencies. The implications of such a decision are far-reaching, potentially allowing future presidents to fire judges on specialized courts like the US Tax Court or the military's appeals court without consequence.
But that's not all – this Court is also planning to use Slaughter as an opportunity to rewrite its own authority. Alito has suggested that the Court could simply punt certain issues to a future case, rather than deciding them now. This would allow the justices to sidestep difficult questions about the scope of executive power and give themselves more time to craft their own interpretations.
Or, in a related move, Justice Brett Kavanaugh and Neil Gorsuch are floating a separate idea: allowing the Court to veto any presidential decision they deem too consequential. While this might seem like a novel approach, it's actually an extension of the major questions doctrine – a new legal framework that has only been used once before, during Joe Biden's presidency.
The implications of such a power grab are profound. The Supreme Court would essentially be giving itself the authority to sabotage a future Democratic president's policies or appointments, all under the guise of protecting the Constitution. This is not a healthy sign for American democracy.
As long as Trump remains in office, this shift in power may seem like a minor concern. But it's precisely because we don't know what the future holds that this Court's actions are so disturbing. The Supreme Court should be an impartial arbiter of the law, not a tool for one president to wield against another.
In reality, this Court is playing a game of long-term strategic gain – where the ultimate prize is cementing its own authority as the ultimate check on presidential power. It's a game that could have far-reaching consequences for the very foundations of American democracy.