Lev Menand
speaker
1,295 appearances
6 recordings
1 series
first heard Jan 2025
last heard 17 Jul
Lev Menand’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in Jul 2026 with 1.
Appearances
And so it's just sort of you're importing your policy preferences into some attempt to reconstruct the administrative state to sort of protect your interests and get the policy you want across the board.
I I think it's a it's an untenable sort of outcome in some ways, but it it's very much what a lot of people who subscribe to the unitary executive theory are trying to achieve.
So there are a bunch of cases right now making their way through the federal courts that began with Trump illegally firing independent agency heads.
So right on January twenty seventh, shortly after taking office, Trump purported to remove the head of the National Labor Relations Board, and that led to a lawsuit.
Where Wheelcox is seeking reinstatement and a judicial judgment that she cannot be removed except for cause.
That case is making its way through.
And then another case involving the Merit Systems Protection Board is making its way through.
And now the FTC case is making its way through.
And those first two cases on Friday, so just a few days ago, an important thing happened, which is a panel of the DC Circuit Court of Appeals, which is like the second highest court in the land.
A panel of the DC Circuit Court of Appeals embraced Trump's legal theory.
And overruled a district judge.
who had ruled on those cases earlier in favor of Wilcox and Harris.
Now, the parties in that case are going to ask the full DC circuit to reconsider the panel's decision.
And shortly thereafter, inevitably, no matter what happens with that, the parties will seek review by the Supreme Court, an emergency review.
And so the Supreme Court is going to potentially be drawn into this in the coming days.
And whatever the Supreme Court does in the coming days, it is possible.
Possible that one or more justices will dissent from the Supreme Court's decision with respect to the emergency application and say something about what they think the future of Humphrey's executor is going to be.
And so we could get real tea leaves very soon in some of the cases that are already proceeding.
Alright.
Thank you for having me.
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