The Roberts Court and Executive Power
Description
A panel of Supreme Court experts will examine the Roberts Court’s approach to executive power, exploring both recent decisions that have expanded presidential authority and those in which the Court has intervened to review or limit executive action. The discussion will include the Court’s decision last term in Trump v. Slaughter, which embraced the unitary executive theory and expanded Presidential power across administrative agencies, as well as decisions involving birthright citizenship, presidential tariffs, and the major questions doctrine that seem to cut in the opposite direction. Finally, the panel will speculate on what is next for the Court in this area and offer commentary on what the Roberts’ Court approach to executive power will mean for the rest of the Trump presidency and beyond.
Materials for Panel
Academic Perspectives
- A Posthumous Reexamination of Humphrey’s Executor - Michael Woods, Nicole Narea & Meghan O’Neill, The Regulatory Review
- Congress Can Limit the President’s Power to Remove Independent Agency Officials - Robert J Pushaw, Jr., UC Davis Law Review Online
News Articles
- Supreme Court cements Trump’s Power over agencies long considered independent - Andrea Hsu, Nina Totenberg, NPR
- After Slaughter and Cook: future Fed Fights, and maybe some Midnight firings - Adam White, SCOTUSblog
- The Ultimate Triumph of the Unitary Executive - Peter M Shane, The Atlantic