There's live-blogging of Trump v. Slaughter going on over at SCOTUSblog.
ADDED: I'm listening to the direct audio from the Court, which is here.
AND: At SCOTUSblog, Amy Howe observes that "a solid majority of the justices appeared to agree with the Trump administration that a law prohibiting the president from firing FTC commissioners except in cases of 'inefficiency, neglect of duty, or malfeasance in office' violates the constitutional separation of powers.... Much of the argument focused on the possible broader effects of a ruling for either the Trump administration or Slaughter. The justices questioned whether a decision in Slaughter’s favor could give Congress sweeping power, including the authority to convert existing Cabinet departments into multi-member agencies that would be insulated from presidential control.... In what was likely a bad sign for Slaughter, the justices spent virtually no time on the second question presented in the case – whether, even if the FTC removal statute is constitutional, a federal judge can order the reinstatement of an official who was fired without case, or whether that official is only entitled to back pay...."
Predictions elsewhere are similar: "Justices Seem Ready to Give Trump More Power to Fire Independent Government Officials" (NYT), "Supreme Court poised to expand Trump’s power over independent agencies" (WaPo).
Here's the transcript of the argument. Listening to the audio, I scrawled down one phrase I wanted to use to find the one quote I most wanted to blog. But I'm going to start a new post for that. The phrase was "cards on the table."

57 comments:
Yeah! Why should Congress and the judiciary anbide by Article 2? /s
Yay. Another chance for the Supreme Court to disgrace itself.
I wonder how stupid KBJ can make democrats and judges look this time.
9 people sit in big chairs and pretend they rule the country legitimately.
News at 11.
Maybe Trump is a fag, huh professor?
Your latest theory might be worthy of a law review for ladies article. Lol.
Any court that participates a Star Chamber is inherently illegitimate and should be ignored.
Joe Biden simply ignored their decisions and so should Trump.
Live blog was jumping around too much. Was hoping for audio. I’ll just wait for the Prof’s take.
"This is one of the hottest benches I've seen in a while."
Kagan is showing some leg.
They're wild...and crazy guys!
"Live blog was jumping around too much. Was hoping for audio."
Isn't there a link there?
I've added a link in the post. You can listen along to the Court. I think the live blog is mostly summing up things that are being said.
"I’ll just wait for the Prof’s take."
I find it impossible to listen and write at the same time. They are talking super fast!
"Hot Bench," indeed. See Justice Thomas about to body slam one of the attorneys with the Trump Thump.
"THUMP!"
Whose totally wrecked voice was that? Sounded worse than RFK Jr. I hate listening to damaged vocal cords.
Hot robe on robe action, baby!!
So apparently according to Justice Jackson if Congress was trying to do something good for the American people, it’s OK if it has no basis in the constitution. Absolutely amazing.
Quayle said...So apparently according to Justice Jackson if Congress was trying to do something good for the American people, it’s OK if it has no basis in the constitution.
Jackson is not the first justice to be outcome driven, she's just less talented at hiding it.
The three liberal justices shouldn't heed Lincoln by remaining mute. Doubt they're fools is long since confirmed, but extra credit exists where the law is concerned and I like my assumptions padded.
Well, I'm hot benchin, check it and see
I got a fever of a hundred and three
Come on counsel, do you do more than brief?
I'm hot benchin, I'm hot benchin
You don't have to read my mind
To know what I have in mind
Counsel, you oughta know
Now you argue so fine
Let me lay it on the line
I wanna know your reasoning not just the show
Now it's up to you
We can have a public interview
Just me and you
I'll do originalism like you never knew
Are you smart enough?
Will you be ready when I call your bluff?
Is my timing right?
Did you save your best argument for me tonight?
Well I’m hot benchin….CC, JSM
The link for the audio from your link had it much further down the page than I’m used to looking but got it up and running late. Missed the Governments argument, got half of Slaughters and then the rebuttal. Still awaiting Prof’s take but appreciative of the pointer (thought that were all broadcast but just wonky placement this time)
A hot new take on vocal fry.
I interpret the dirty three to be saying now that a President need not have the approval of every Hawaiian judge to use executive power it was left up to career employees to grant permission, but if a President need not ask permission from career staffers the executive will be allowed to act in the interests of the people who voted for him- and we can’t have that…
remember - Justice Stephen Breyer never officially retired. He was yanked by the corrupt Biden admin -
The installed Biden regime installed an supremely unqualified hack.
Once again, Peachy is full of 💩.
that letter is bunk. He was forced.
Even a broken clock is right twice a day. Somehow Peachy beats those odds. 🤣😂🤣 He is less useful than a broken clock. But he is a very useful idiot. He'll believe whatever the fuck you tell him. Trust and never verify. 🤣
Yeah walk the plank by the outfiit that hacky psaki was a part of demand justice
He "retired" - LOL. "officially" - but he was forced.
Please don't treat our Constitution like a dog toy. It ruins it for everyone, and you can never get it back into good working order.
Peachy said...He "retired" - LOL. "officially" - but he was forced.
It pleases me to think that the email in which Biden withdrew from the 2024 presidential race was sent without his knowledge or approval.
The Constitution offers a reasonable basis for diverse persons to coexist perchance to live together, while they live, in this mortal coil. There are other national laboratories on Earth where a human can choose to spend their waking hours and viable days. What is your faith and practice.
Biden withdrew from the 2024 presidential race was sent without his knowledge or approval.
Karma-la. Pun intended.
End the Slaughter.
YouTube: They are talking super fast!
Mr. Mosby @11:50AM… YES!!!
“Kagan is showing some leg.”
Thanks for the warning!
DeeDee Driver, drive by Peachy’s place
We’d like to see her sit right on your face
Don'tcha cry when she sprays your face with Mace
DeeDee Driver, drive by Peachy’s place
DeeDee Driver, once more round the block
Don’tcha cry as she proceeds to clean your clock
What she’s done will leave you with a funny walk
DeeDee Driver, once more round the block
h/t teh Mills Brothers
When progs are caught in a lid they go ramming speed
Quayle said...
So apparently according to Justice Jackson if Congress was trying to do something good for the American people, it’s OK if it has no basis in the constitution. Absolutely amazing.
KBJ is a gift that just keeps on giving.
Every day she convinces more people that the Supreme Court is an illegitimate star chamber.
Only Congress is a bigger disgrace.
I am actually convinced that the Joe Biden letter announcing he was dropping out was, in fact, not sent by, written by, or approved by Joe Biden. Because after the letter was sent, it was radio silence for something like 2-3 days from the biden campaign before Biden begrudgingly came out... and announced he was endorsing Kamala. I think that was his "gift" to the people who pushed him out. He clearly couldn't walk the letter back (can you imagine the crisis if he'd said that his withdrawal letter was sent without him?) so he decided to burn down the Democrat party chances by picking someone who was even worse than him. Hence, Kamala.
Are we allowed to ask in which branch of government these ‘independent agencies’ reside? I’m guessing it’s not the legislative or judicial branch.
The framing by the NYT is faulty (of course-it's the NYT). It is purposely trying to feed us a false premise that this a legislative branch vs. executive. It is not. It is adminstrative oligarchy vs. the rest of us.
Iman: Thanks. I can imagine Kavanaugh lip-synching it into the mirror in his robe and boxers, a la Risky Business. CC, JSM
Transparency and leverage.
This is the right wing's very very late, very slow effort to undo FDR's conversion of the SC and federal agencies into left-wing-only policy defenders. The "independent" agencies came from one side. Similarly, the incoherent and asinine National Firearms Act (1934) came from the same side --> use taxation to let the BATF write all sorts of novel regulations. And to kill children and dogs.
Trump and the current SC are rendering the last ~90 years a series of hollow left-wing victories. Today's left is so corrupt and self-deluded ("What is a woman?") they may ultimately welcome Trump's rescue or not care.
Got to check out my social media feeds. What was I talking about? :) :) :)
Beasts of England said...
“Are we allowed to ask in which branch of government these ‘independent agencies’ reside? I’m guessing it’s not the legislative or judicial branch.”
The first three branches are: executive, legislative, and judicial.
The fourth estate is the press.
The fifth column is the deep state.
This is a no-brainer. Humphrey’s Executor was an abomination. The Administrative State should have no ability to make law and the president should be able to fire any federal employee for any reason.
The founders were light years ahead of us.
This case is so obvious that they have to use the “Supreme Court giving Trump more power”’ bullshit title.
People just choose to not read the constitution. Any “Judge” that rules Trump cannot fire these people is objectively wrong and violating their oaths of office.
We cannot have a republic with any judge that would rule to create unelected bureaucracies that cannot be controlled by elected officials.
”This is one of the hottest benches I've seen in a while."
Strange, on Sarah Isgur’s podcast, today’s argument was called “staid” and “sleepy,” and I believe she’s now Scotusblog’s boss. If they can’t agree on something as basic as that I’m not certain what service they provide.
Things that used to resolve with gentlemen's agreements no longer do and SCOTUS has to cut congress out completely to remain functional.
’The fifth column is the deep state.’
In service to the Uniparty. Consent of the governed sold separately.
Its the phantom zone where zod was banished to
There are so many ridiculous things that come out of their mouths
"Strange, on Sarah Isgur’s podcast, today’s argument was called “staid” and “sleepy"...."
There were a few times when a Justice seemed to be getting tired while asking questions. I remember thinking that with Alito a couple times and at least one of the others.
Achilles--I noticed the NYT framing as well--"Supreme Court Poised to Expand Trump's Power Over Independent Agencies."
They have zero shame.
If the judges agree with Trump, then Roberts and ACB will fight a rearguard action to fuzz everything up, and make a narrow ruling.
There were a few times when a Justice seemed to be getting tired
Isgur characterized the entire oral argument as sleepy, not the performance of individual justices. I suppose I could just listen to the thing and judge for myself.
Once weve gotten to the point, its aggravating to go over and over again
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