Michelle Martin
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Yesterday, a majority of justices said they think Trump does have the authority to fire Wilcox and Harris, for now anyway. They wrote that the Constitution gives the president the power to fire at will those officials who help him carry out his duties, with only narrow exceptions. And they said Wilcox and Harris probably don't qualify for those exceptions.
That's right. It's a stay while the appeals court weighs the merits of the case. To be clear, the Supreme Court hasn't yet heard arguments of this case. This order came out of what's known as the emergency docket, which... conservatives have increasingly relied on to get quick decisions without a hearing. And this is something that liberal justice Elena Kagan brought up in her dissent.
That's right. It's a stay while the appeals court weighs the merits of the case. To be clear, the Supreme Court hasn't yet heard arguments of this case. This order came out of what's known as the emergency docket, which... conservatives have increasingly relied on to get quick decisions without a hearing. And this is something that liberal justice Elena Kagan brought up in her dissent.
That's right. It's a stay while the appeals court weighs the merits of the case. To be clear, the Supreme Court hasn't yet heard arguments of this case. This order came out of what's known as the emergency docket, which... conservatives have increasingly relied on to get quick decisions without a hearing. And this is something that liberal justice Elena Kagan brought up in her dissent.
She wrote, our emergency docket, while fit for some things, should not be used to overrule or revise existing law, meaning Humphrey's executor. She said what's at stake here is not just someone's job.
She wrote, our emergency docket, while fit for some things, should not be used to overrule or revise existing law, meaning Humphrey's executor. She said what's at stake here is not just someone's job.
She wrote, our emergency docket, while fit for some things, should not be used to overrule or revise existing law, meaning Humphrey's executor. She said what's at stake here is not just someone's job.
It's this very idea that Congress embraced when it created independent agencies, that, you know, if their members are insulated from political pressure, that they will make sound judgments that benefit the public good. Now, in recent years, the court has been chipping away at this idea and at Humphrey's executor.
It's this very idea that Congress embraced when it created independent agencies, that, you know, if their members are insulated from political pressure, that they will make sound judgments that benefit the public good. Now, in recent years, the court has been chipping away at this idea and at Humphrey's executor.
It's this very idea that Congress embraced when it created independent agencies, that, you know, if their members are insulated from political pressure, that they will make sound judgments that benefit the public good. Now, in recent years, the court has been chipping away at this idea and at Humphrey's executor.
But in yesterday's decision, the conservative majority did carve out an exception for one independent agency, the Federal Reserve.
But in yesterday's decision, the conservative majority did carve out an exception for one independent agency, the Federal Reserve.
But in yesterday's decision, the conservative majority did carve out an exception for one independent agency, the Federal Reserve.
Well, Wilcox and Harris had warned that if the court finds that Trump can fire them, that nothing can stop him from firing Fed Chair Jerome Powell. And in fact, Trump did threaten to fire Powell, which tanked the markets. Later, he pulled back and said he had no intention of firing Powell. In any event, the conservative majority disagreed with the notion that their order would affect the Fed.
Well, Wilcox and Harris had warned that if the court finds that Trump can fire them, that nothing can stop him from firing Fed Chair Jerome Powell. And in fact, Trump did threaten to fire Powell, which tanked the markets. Later, he pulled back and said he had no intention of firing Powell. In any event, the conservative majority disagreed with the notion that their order would affect the Fed.
Well, Wilcox and Harris had warned that if the court finds that Trump can fire them, that nothing can stop him from firing Fed Chair Jerome Powell. And in fact, Trump did threaten to fire Powell, which tanked the markets. Later, he pulled back and said he had no intention of firing Powell. In any event, the conservative majority disagreed with the notion that their order would affect the Fed.
They wrote that the Fed is a uniquely structured quasi-private entity with a distinct historical tradition. Kagan scoffed at this in her dissent, and she maintained that the Fed's independence rests on the same foundation as other independent agencies.
They wrote that the Fed is a uniquely structured quasi-private entity with a distinct historical tradition. Kagan scoffed at this in her dissent, and she maintained that the Fed's independence rests on the same foundation as other independent agencies.
They wrote that the Fed is a uniquely structured quasi-private entity with a distinct historical tradition. Kagan scoffed at this in her dissent, and she maintained that the Fed's independence rests on the same foundation as other independent agencies.
Now, again, this is not, yesterday's order is not the final word, but it does give us a pretty good sense of how the justices could rule, if and more likely when they hear arguments in this case.