{"id":354,"date":"2026-07-06T20:39:29","date_gmt":"2026-07-06T20:39:29","guid":{"rendered":"https:\/\/homemovechronicle.com\/?p=354"},"modified":"2026-07-06T20:39:29","modified_gmt":"2026-07-06T20:39:29","slug":"two-of-john-roberts-biggest-decisions-this-term-directly-contradict-each-other","status":"publish","type":"post","link":"https:\/\/homemovechronicle.com\/?p=354","title":{"rendered":"Two of John Roberts\u2019 Biggest Decisions This Term Directly Contradict Each Other"},"content":{"rendered":"<div>\n<div>\n<p><em>This is part of <\/em><em>Opinionpalooza<\/em><em>, Slate\u2019s coverage of the major decisions from the Supreme Court. Keep up with all of our Supreme Court coverage and analysis by <\/em><em>signing up for weekly email roundups<\/em><em>. The best way to support our work\u2014and unlock exclusive legal analysis\u2014is by joining <\/em><em>Slate Plus<\/em><em>. (If you are already a member, consider a <\/em><em>donation<\/em><em> or <\/em><em>merch<\/em><em>!)<\/em><\/p>\n<p>Read more <a href=\"https:\/\/homemovechronicle.com\/?p=352\">We\u2019re Not Doomed to Live Under the Supreme Court\u2019s Mistakes<\/a><\/p>\n<\/div>\n<p>Two of the Supreme Court\u2019s most important decisions this term contradict each other so brazenly that a future reader might assume they were issued decades apart by very different courts. But in fact, they were authored by the same man, Chief Justice John Roberts, and released at the exact same time. In , Roberts abolished independent agencies by a 6\u20133 vote, allowing President Donald Trump to fire their leaders for any reason. Then, in , the chief justice created an exception to this rule for the Federal Reserve by a 5\u20134 vote, prohibiting the president from removing without good cause. It is impossible to reconcile these two decisions as anything other than a partisan effort to hand Trump dictatorial control over the government without allowing him to drive the nation into a recession.<\/p>\n<div>\n<div>\n<div>Slate Video Content<\/div>\n<\/div>\n<\/div>\n<p>On this week\u2019s episode of Amicus, co-hosts Dahlia Lithwick and Mark Joseph Stern discuss the bizarre split screen of <em>Slaughter<\/em> and <em>Cook<\/em>, and how the conservative supermajority\u2019s myopic view of presidential power hampers the government\u2019s most basic functions. They\u2019re joined by two experts in the field: Jed Shugerman, a professor at Boston University School of Law, and Sam Bagenstos, a professor at University of Michigan Law School. An excerpt of their conversation, below, has been edited for length and clarity.<\/p>\n<p><strong>Dahlia Lithwick:<\/strong> It would be easier to square <em>Slaughter<\/em> and <em>Cook<\/em> if the same guy hadn\u2019t written both opinions. There was some interesting stagecraft where they were read sequentially from the chamber but handed out in the pressroom together. So the folks in the pressroom got them at the same time, and they came online at the same time. But if you were sitting in the courtroom, you found out about <em>Slaughter<\/em> first, then found out about <em>Cook<\/em>\u2019s weird carve-out later. Jed, do you want to make an attempt to explain <em>Cook<\/em> as something more than cynical and results-oriented?<\/p>\n<div>\n<div><\/div>\n<\/div>\n<div>\n<template><br \/>\n<iframe frameborder=\"no\" height=\"200\" loading=\"lazy\" scrolling=\"no\" src=\"\" title=\"Two of John Roberts\u2019 Biggest Decisions This Term Directly Contradict Each Other\" width=\"100%\"><\/iframe><br \/>\n<\/template><\/p>\n<div><noscript><br \/>\n<\/noscript><\/div>\n<p>View Transcript\n<\/p><\/div>\n<p><strong>Jed Shugerman:<\/strong> There is no way a principled originalist can reconcile <em>Slaughter<\/em> and <em>Cook<\/em>, but let me try to give the best account for this. The founders themselves created a superindependent entity, the First Bank of the United States, which was completely free of presidential control, as was the Second Bank of the United States. <em>Cook<\/em> says that because the Fed has the most connection to monetary policy, it can be independent, because the founders created an independent bank too. Can I go cynical now?<\/p>\n<p><strong>Mark Joseph Stern:<\/strong> Do it.<\/p>\n<p><strong>Shugerman:<\/strong> Let\u2019s give partial credit to Justices Clarence Thomas and Amy Coney Barrett, who get the history spectacularly wrong in <em>Slaughter<\/em> but have the goods on this. You can\u2019t rely on the First and Second banks of the United States because they were entirely private and had zero executive regulatory power. The banks are not a precedent for the Fed because the Fed exercises executive power in formulating and executing policy. The First and Second banks could do none of that. So this isn\u2019t just historians saying no. These are colleagues who signed on to <em>Slaughter<\/em> who are calling out Roberts for making this up.<\/p>\n<p><strong>Stern:<\/strong> Just to build on Dahlia\u2019s point, I\u2019ll remind everyone that the Supreme Court normally publishes opinions on its website as they\u2019re announced in the courtroom, but <em>Slaughter<\/em> and <em>Cook<\/em> are published online at the exact same time. Why? Almost certainly because Roberts knew that he would read <em>Slaughter<\/em>, then Justice Sonia Sotomayor would read her dissent. So there\u2019d be half an hour in between <em>Slaughter<\/em> and <em>Cook<\/em> coming down, and the markets might panic during that time, because anybody reading <em>Slaughter<\/em> without <em>Cook<\/em> would assume that it also applies to the Fed, because there\u2019s no principled way to carve it out. That makes it really obvious that <em>Cook<\/em> is fundamentally about protecting wealth and making sure the justices\u2019 401(k)s don\u2019t tank.<\/p>\n<p>Read more <a href=\"https:\/\/homemovechronicle.com\/?p=350\">We Need More Good Men<\/a><\/p>\n<p><strong>Sam Bagenstos:<\/strong> You don\u2019t have to be particularly perspicacious to be cynical here. Justice Brett Kavanaugh tells you in his concurrence exactly why he\u2019s voting for a special Fed exemption from <em>Slaughter<\/em>. He specifically says he won\u2019t unsettle the financial markets that rely on having an independent Fed. It\u2019s obvious that this court has an agenda of removing fetters on executive power <em>except<\/em> where that threatens their 401(k)s or the business class. We saw that in the tariff case earlier this year. Honestly, we saw that in all of the ways in which the Supreme Court attacked Joe Biden\u2019s use of executive power to try to regulate the economy. So I think it\u2019s important not to say this is a principled court that is supportive of executive power. They\u2019re supportive of the executive power up to a point, and that\u2019s the point where it threatens the interests of big business.<\/p>\n<p><strong>Shugerman:<\/strong> It\u2019s also about the fact that the only institution in Washington that still has a working majority of establishment Wall Street Republicans is the Roberts court. And it is basically making up a pseudo-originalist basis for granting independence to the agency they like, which also has a conservative Wall Street bent. Everything else is the \u201cdeep state.\u201d<\/p>\n<p><strong>Stern:<\/strong> Let\u2019s talk about all those other agencies that are not the Fed and are now subject to Trump\u2019s direct control. Sam, can you help us understand the size of the hole that <em>Slaughter<\/em> blows through the structure of our government? For a lot of people, this is still an abstraction. But what will this actually look like in practice?<\/p>\n<p><strong>Bagenstos:<\/strong> Through the years, the people and their representatives have made clear that there are a lot of things they don\u2019t want to be decided based on day-to-day politics. I\u2019ll start with an area where I did a lot of work during the previous administration: public health. Obviously, there are a lot of political choices that get made in public health, but there\u2019s also a very substantial component of that that\u2019s just about science. How do viruses get transmitted? What are the molecules that are going to effectively attack those viruses? We want to be making those decisions <em>not<\/em> based on someone\u2019s whims or what\u2019s going to serve the polls but based on science. So we want the agencies that make those decisions to be independent. That\u2019s also true of agencies that guarantee safety of consumer products, that protect workers\u2019 right to organize, that prohibit discrimination.<\/p>\n<p><em>Slaughter<\/em> says those agencies can\u2019t actually be independent. They\u2019ve got to be subject to the will of the president. A president can just fire all the people who are leading those agencies if he disagrees with them, even if they\u2019ve been properly nominated and their terms aren\u2019t up yet. That\u2019s going to make a huge difference. It\u2019s going to enable things like what we\u2019ve seen in the first year and a half of the second Trump administration, when he was acting as if the Supreme Court had already decided this case. He has politicized all these aspects of governance that need to be carried out on a nonpartisan and independent basis. And Roberts was very squirrelly about how far his decision extends. His analysis was that we need to have a president who is accountable to the people for the decisions made by his government, which means he has to be able to fire his \u201csubordinates\u201d if they don\u2019t do what he wants.<\/p>\n<p>Well, what is a \u201csubordinate\u201d? We know it includes the head of an agency. But does it extend to other political appointees within that agency? Does it extend to the civil service as a whole? Since the 1880s, we have understood that government works better for the people if the mass of workers in the government are hired and promoted based on merit and not on which political party they support. The Trump administration has indicated that it thinks civil service protections are unconstitutional and the president ought to be able to hire and fire all of the people within the government at will. This president has already asserted the power to fire career civil servants based on his understanding of the Constitution. And in <em>Slaughter<\/em>, the court leaves open the argument Trump is making, that the entire civil service is unconstitutional. It could have easily said it was talking only about political appointees, but it didn\u2019t. Once you get rid of the civil service, that is a dramatic sea change in the way we do government in this country. It will make government work much more poorly across everything it does for the <span>people.<\/span><\/p>\n<p>Read more <a href=\"https:\/\/homemovechronicle.com\/?p=348\">Is 250 Years Even That Old for a Country?<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>There is no principled way to square these blockbuster opinions.<\/p>\n","protected":false},"author":1,"featured_media":353,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[10,23,73,15],"class_list":["post-354","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-jurisprudence","tag-donald-trump","tag-john-roberts","tag-opinionpalooza-2026","tag-supreme-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Two of John Roberts\u2019 Biggest Decisions This Term Directly Contradict Each Other - 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