{"id":364,"date":"2026-07-07T18:39:51","date_gmt":"2026-07-07T18:39:51","guid":{"rendered":"https:\/\/homemovechronicle.com\/?p=364"},"modified":"2026-07-07T18:39:51","modified_gmt":"2026-07-07T18:39:51","slug":"the-supreme-courts-latest-gift-to-trump-comes-wrapped-in-a-lie","status":"publish","type":"post","link":"https:\/\/homemovechronicle.com\/?p=364","title":{"rendered":"The Supreme Court\u2019s Latest Gift to Trump Comes Wrapped in a Lie"},"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=362\">Pete Buttigieg Didn\u2019t Have to Let Those CPS Officers In<\/a><\/p>\n<\/div>\n<p>In , the end-of-term blockbuster allowing the president to fire members of independent federal agencies, Chief Justice John Roberts embraced a vision of executive power so sweeping that it would make King George\u00a0III blush. Speaking for the conservative supermajority, he claimed (falsely) that the Constitution required him to vastly expand Donald Trump\u2019s authority\u2014but assured us that the consequence would be a government <em>more<\/em> accountable to the people. Allowing Trump to fire the heads of virtually any agency, Roberts asserted, would make him \u201cresponsible to his country,\u201d allowing voters to reward or punish him based on his decisions alone. The chief justice congratulated himself and his Republican-appointed colleagues for thus restoring democratic accountability, even as they demolished the legal safeguards that make democratic government function.<\/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 historical inaccuracies, logical fallacies, and political fictions underlying this radical consolidation of power in the president. They are joined by two experts on executive power: 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 and condensed for clarity.<\/p>\n<p><strong>Dahlia Lithwick:<\/strong> The decision in <em>Slaughter<\/em> will have knock-on effects that most people probably haven\u2019t even begun to contemplate. It\u2019s also another example of bad history strangling America. Sam, can you talk about how Justice Sonia Sotomayor addresses that in her dissent?<\/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=\"The Supreme Court\u2019s Latest Gift to Trump Comes Wrapped in a Lie\" width=\"100%\"><\/iframe><br \/>\n<\/template><\/p>\n<div><noscript><br \/>\n<\/noscript><\/div>\n<p>View Transcript\n<\/p><\/div>\n<p><strong>Sam Bagenstos:<\/strong> I think the Sotomayor dissent is very strong. It shows that she really did go very extensively through the amicus briefs and the underlying scholarship to explain why this story that Roberts is spinning about history is made up. It\u2019s just not the true story; it has been debunked. She also does a nice job of highlighting the extensive implications of this decision for our government. In particular, she highlights that Roberts leaves open a challenge to the civil service system as a whole, when it would have been really easy for him to say: <em>I\u2019m talking only about the highest-level political appointees here<\/em>.<em> Of course the president gets to remove them.<\/em><\/p>\n<p>One thing I would have liked to have seen more of in the dissent is that there\u2019s not just a historical theory behind Roberts\u2019 decision; there\u2019s also a political theory behind it. Roberts says the way democracy works is that there is one president who is responsible for everything that happens within the executive branch. He\u2019s responsible for all \u201cexecution\u201d of the laws, and he is therefore responsible to the people, who can hold him accountable for everything that happens within the government. Roberts says this over and over again. And if you think about it for five seconds, it\u2019s a pretty laughable proposition. Presidents can get elected at most twice. And they stand for reelection at most once. So there\u2019s a <em>very<\/em> limited opportunity for the people to hold the president accountable for anything. There are a bazillion decisions that get made under the aegis of a president\u2019s executive branch. Most voters are not even going to know about those decisions, much less be able to hold the president accountable for any of them\u2014some of which may point in different directions. The voter has a binary choice: Essentially, are you going to vote for the Democrat or the Republican? It\u2019s laughable to think that such a blunt vote sends any kind of democratic signal one way or another about any particular policy.<\/p>\n<p>Also, the idea that democratic accountability happens only once every four years, in presidential elections, ignores the fact that it\u2019s Congress\u2014whose members are democratically accountable every two years and may face election over and over again\u2014that passes these statutes creating protections for the people who run particular agencies. And the public seems to want that, because it leads to better government. So there\u2019s a whole political theory underlying Roberts\u2019 opinion that is just completely false, and I\u2019d like to see more engagement with that.<\/p>\n<p>Read more <a href=\"https:\/\/homemovechronicle.com\/?p=360\">The Forgotten Bombing of LaGuardia Airport<\/a><\/p>\n<p><strong>Jed Shugerman:<\/strong> Sam, that\u2019s 100\u00a0percent right as a matter of originalism. Roberts has been spinning this theory of the president as the most directly democratically accountable officer. In 2020  the president is \u201cdirectly accountable to the people through regular elections\u201d and \u201cthe most democratic and politically accountable official in government.\u201d He wrote those sentences literally the same week the court handed down  about the Electoral College. And Roberts is engaging in such dissonance, because the Electoral College was a deliberate decision by the founders <em>not<\/em> to make the president a representative of the nation. One could argue that the <em>least<\/em> representative officers are presidents, who are elected with 51\u00a0percent of the vote\u2014or even less with our Electoral College\u2014whereas the leaders of independent agencies have staggered terms, are appointed by different presidents, and are confirmed by different Senates. So independent agencies are arguably more representative of more Americans over more time than any single president is.<\/p>\n<p><strong>Mark Joseph Stern:<\/strong> This is what irks me the most about Roberts\u2019 opinion in <em>Slaughter<\/em>. It isn\u2019t enough for him to regurgitate all this bad history that\u2019s been totally debunked, or to present this tendentious theory of the Constitution as though it\u2019s obviously correct. He also has to gaslight us by claiming that this system he\u2019s creating is normatively good! A system in which there are no independent agencies except the Federal Reserve, and everybody in the executive branch is controlled by the president in this dictatorial way? Roberts says that\u2019s fantastic for democracy. But if that were true, he wouldn\u2019t have carved out the Fed! Obviously he sees that it is not beneficial, under some circumstances at least, for the president to have authoritarian control over all federal agencies. He just happens to see it <em>here<\/em> because the Fed protects wealth. So it really bothers me when Roberts and all these other unitary-executive theorists try to convince us that the system they\u2019re forcing upon us\u2014which was not set up by the Constitution and was not envisioned by the Framers\u2014is in fact good for us and the American people and accountability. That is false for all the reasons Jed and Sam laid out. It is bad for the American people and our democracy.<\/p>\n<p>I also want to pivot to a related question. Defenders of this Supreme Court claim that <em>Slaughter<\/em> isn\u2019t partisan because it will help Democratic and Republican presidents alike. A lot of political scientists have raised concerns that even if the unitary-executive theory is nonpartisan on paper, it creates structural advantages for Republicans over Democrats. I\u2019d really like to dig into that.<\/p>\n<p><strong>Bagenstos:<\/strong> We saw in the Biden administration that the very partisan Supreme Court had all sorts of ways of reining in the executive power of a president it didn\u2019t like, whose policies it didn\u2019t like. I fully expect that if a Democratic president were to fire some Trump appointees in the future, this court would uphold that firing and cite <em>Slaughter<\/em>. But it would also find other ways to rein in that Democratic president\u2019s power.<\/p>\n<p>Think about what happened when Joe Biden was president: The major-questions doctrine became a very powerful tool for the Roberts court to stop Biden from using statutes according to their text to achieve relatively progressive outcomes when the court didn\u2019t like those outcomes. The court stepped in and said: <em>Well, yes, the text of the statute may support what the president\u2019s doing, but this seems to us like a really big deal, and so we\u2019d want something a lot more specific from Congress<\/em>. There are all sorts of other ways in which an activist Republican court can rein in an activist progressive president that don\u2019t require using this particular tool. So it\u2019s great for the next Democratic president that they\u2019ll be able to fire the Trump appointees in the Federal Trade Commission and the National Labor Relations Board and whatever. But then, when their new appointees try to actually get something done, what they\u2019re going to find out is that the courts are standing in their <span>way.<\/span><\/p>\n<p>Read more <a href=\"https:\/\/homemovechronicle.com\/?p=358\">The Supreme Court Just Made It Easier for Presidents to Sabotage Their Successors<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>\u201cIf you think about it for five seconds, it\u2019s a pretty laughable proposition.\u201d<\/p>\n","protected":false},"author":1,"featured_media":363,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[10,196,23,73,15],"class_list":["post-364","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-jurisprudence","tag-donald-trump","tag-federal-reserve","tag-john-roberts","tag-opinionpalooza-2026","tag-supreme-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - 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