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Lawfare Daily: What the Supreme Court Said About the President's Power Over Independent Agencies

7/2/20261 hr 1 min

On today's podcast, Executive Editor Natalie Orpett talks with Nick Bednar, a professor at the University of Minnesota Law School and a contributing editor at Lawfare. They talk about two Supreme Court cases issued last week that will have a huge impact on the president's authority over agencies that Congress set up to be independent. In Slaughter v. Trump, the Court held that the president has the power to remove members of independent agencies who had previously been understood to have employment protections that forbade the president from firing them. In Cook v. Trump, the Court carved out a special exception to that rule for the Federal Reserve. They discuss Nick's recent article for Lawfare, what the opinions say, what they fail to say, and what it means for the workforce that makes the federal government function.

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First 90 seconds
  1. Speaker 10:00

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  2. Elise Hu0:29

    Hi, this is Elise Hu from TED Talks Daily, and this episode is brought to you by Ambetter Health. For many employers and brokers, group health insurance means unpredictable costs and plans that try to fit everyone but end up fitting no one. A model called ICHRA is changing that. Employers set a fixed contribution. Employees pick the health plan that works for them, their family, their doctors, their budget. Predictable for the business, personal for the people. That's a better kind of coverage. Get coverage you control. Find out if an ICHRA is right for you at ambetterhealth.com.

  3. Nick Bednar· Guest1:06

    [upbeat music] A central conclusion of unitary executive theory is that Humphrey's Executor is wrongly decided, that this insulation of commissioners on these multi-member commissions from removal prevents the president from adequately controlling them, as is his constitutional

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