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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.
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  • 57% of the sources lean Left
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Alternet broke the news in Washington, United States on Thursday, May 22, 2025.
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