Tag: Barrett

This is my seventh and final blog post addressing the fact that no president from 1881 to 2009 has acquiesced in the 90-year-old Supreme Court decision in Humphrey's Executor. These blog posts are prompted by a question…

At oral argument in Trump v. Slaughter much discussion focused on the propriety of the Supreme Court today, in 2026, overturning a 90-year-old decision like Humphrey's Executor. In fact, as my immediately preceding blog…

Fourteen men have served as President of the United States since Franklin D. Roosevelt left office, and almost all of them have been imperial presidents in the FDR mode. This is true of Presidents Truman, Eisenhower, Kennedy,…

In three previous blog posts, I argued that every President from 1881 to 1933 had successfully defended the President's power to remove at will all officers exercising executive power and that no independent agencies in…

In two previous blog posts, I argued that every President from 1881 to 1921 had successfully defended the President's power to remove at will all officers exercising executive power and that no independent agencies in…

In a previous blog post, I argued that every President from 1881 to 1901 had successfully defended the President's power to remove at will all officers exercising executive power and that no independent agencies in the…

During the oral argument in Trump v. Slaughter, Justice Amy Coney Barrett asked counsel for respondent Slaughter how long independent agencies had existed for and counsel suggested to her, incorrectly, that they dated back to…