David French

Lots of different arms and tentacles of it.

But where I really, really part company with the Trump administration is they're doing much more than firing agency heads or commissioners.

They're firing civil service protected people.

Prosecutors, for example, creating a reign of terror up and down the ranks of sniffing out and ferreting out people, many of whom enjoy these civil service protections.

They're not policymaking individuals.

They're not policymaking figures.

Right.

And they're being fired.

And that is –

That is beyond any sort of unitary executive theory that is what you would call mainstream on the right.

Sure.

That's turning it to 11 to use the spinal tap reference.

But this case is about the commissioners themselves.

Got it.

And the interesting thing about it, if you listen to the oral argument,

Two things were pretty clear at once.

One was lots of members of the court seemed to want to have a narrow ruling here, not a big, broad ruling that's like injecting the presidency with testosterone.

No, they wanted a narrow ruling, one that seemed to be maybe even not entirely clearly overturning Humphrey's executor, although I think that's the case that allowed the independent commissioners to begin with from 1935.

But one, it might overturn it, but not in as dramatic a way as you might think.

And then the other thing that came out was Justice Gorsuch in particular, who took a big lead in the tariff case.