Justice Kagan Warns Supreme Court Just Went Against 90 Years of History
- Elena Kagan expressed opposition in a 2025 decision that permitted President Trump to dismiss members of independent agencies without needing to provide cause, challenging a nearly century-old legal precedent.
- The dissent follows the case Trump v. Wilcox, pending since April 16, which deals with limits on presidential removal powers established in Humphrey's Executor v. United States.
- Kagan argued that this precedent safeguards bipartisan agencies' independence by requiring cause for removal, emphasizing that the ruling disregards established legal rules and process.
- In her dissent, Kagan opposed the President's request, while Chief Justice Roberts supported Trump's authority to remove agency officials without cause.
- The ruling implies diminished protections for independent agencies like the NLRB and MSPB, as Trump's removals have left these bodies unable to act fully due to unfilled vacancies.
11 Articles
11 Articles


Justice Kagan Tells Us What She Really Thinks About President Trump
The briefing in Trump v. Wilcox concluded on April 16. The case has been pending for nearly a month. Who knows what sorts of negotiations took place to get to this faux-Solomonic ruling. Justice Kagan's eight-page dissent, however, did not take a month to write. She could have probably cranked this out in an afternoon. In this dissent, Kagan tell us what she really thinks about President Trump. A few excerpts stand out. First, she issues a not-s…
There's a hidden provision in that big ugly bill that makes Trump king
I’ve been following with a mixture of dismay and disgust Trump’s One Big Ugly Bill, soon to emerge from the House. I’ll report back to you on it.EDITOR'S NOTE: The bill passed the House earlier this morning on May 22, 2025. But I want to alert you to one detail inside it that’s especially alarming. With one stroke, it would allow Trump to crown himself king. As you know, Trump has been trying to neuter the courts by ignoring them. The Supreme Co…
Hidden provision in Trump's 'big, beautiful bill' might undermine US Supreme Court authority
US House of Representatives on Thursday narrowly passed a sweeping tax and spending bill that enacts much of Donald Trumps policy agenda. The legislative package combines tax breaks, spending cuts, border security funding and other priorities. Trump's 'big, beautiful bill' contains a hidden provision that might undermine the authority of the courts in the US- also applicable for Supreme Court.
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