Topic
Executive Power
409 published works
The CLS Blue Sky Blog
Wachtell Lipton Discusses the Supreme Court’s Business Docket for October Term 2025
By Renholding
The Supreme Court’s October Term 2025 was one of the most consequential in years. While the Court grappled with contentious, blockbuster cases concerning birthright citizenship, voting rights, and transgender rights,…
Antitrust Law Source
Part 2: From independent watchdog to executive branch enforcer: The FTC after Trump v. Slaughter
Established in 1914, the Federal Trade Commission (FTC) was charged with policing “unfair methods of competition” and “unfair or deceptive acts or practices.” Designed to represent more than one political…
Last Month at the Supreme Court
Decision Alert: Supreme Court Holds Statutory Removal Protections Remain Judicially Enforceable Pending Review of Presidential Removal Decisions
By Chantel Febus, James Azadian, David Ter-Petrosyan
On June 29, 2026, the Supreme Court held in Trump v. Cook (No. 25A312) that Federal Reserve Governor Lisa Cook may remain in office pending litigation challenging her removal proceedings.…
Global Policy Watch
The CPSC Under Presidential Control: Implications of Trump v. Slaughter
By Austin Schlick, Sarah Wilson, Joshua González, Molly Brown
Executive Summary On June 29, 2026, the U.S. Supreme Court ruled in Trump v. Slaughter that statutory “for-cause” removal protections for Commissioners of the Federal Trade Commission (FTC) unconstitutionally impair the President’s…
Labor Relations Update
What the Supreme Court’s Slaughter Decision Means for the NLRB
By Michael Lebowich, Joshua Fox, Daniel H. Dorson, Andrew Landesman
The Supreme Court’s June 29, 2026 decision in Trump v. Slaughter, No. 25-332 (2026), overruling Humphrey’s Executor v. United States, 295 U.S. 602 (1935), has major implications for the National…
Lawffice Space
SCOTUS: President may remove leaders of most "independent" executive branch agencies at will
By Phil Miles
Yesterday, the Supreme Court issued its opinion in Trump v. Slaughter. Under Article II, s. 1 of the Constitution, "The executive Power shall be vested in a President of the…
Ross Runkel Blog
SCOTUS: President can remove FTC Commissioners at will (6-3).
By Ross Runkel
When the President fired two FTC Commissioners, he did not comply with the statute which says they may be removed only "for inefficiency, neglect of duty, or malfeasance in office."…
Inside Business Immigration
Court Strikes Down $100,000 H-1B Payment as Unlawful Tax
A Massachusetts federal court has invalidated the $100,000 fee imposed on H‑1B petitions, holding that the measure constituted an unauthorized tax and exceeded executive authority.
Legal History Blog
Skorup on the Supreme Court's Korematsu Era
By Dan Ernst
Brent Skorup, Cato Institute, has posted The Korematsu Era: The Restructuring of Government Power, 1942–1948:This paper argues that the years 1942 to 1948 constitute a distinct constitutional episode—the “Korematsu Era”—in…
Wisblawg
Recent UW Law Faculty Scholarship: Constitutional Theory, Court Reform, Executive Power, Antitrust, Surveillance, and AI Prompting
Here is the latest faculty scholarship from the University of Wisconsin Law School Legal Studies Research Papers series via SSRN.Joshua Braver (UW Law), Deference Due? “Considers” and the Insurrection ActBraver…