Overruling 90 years of precedent (except for the Fed ;)) in an unreasoned four-paragraph opinion for Daddy Trump

To elaborate on Paul’s post below, the Court today overruled the Court’s unanimous 1935 opinion holding that Congress can require that members of executive agencies it creates to be fired only for cause sub silentio. (Literally — as Kagan observes the Court’s opinion does not even cite the controlling precedent.) The Court’s apparent new rule is indeed just royalism, essentially proceeding as if Congress has no interests worth even being considered:

You’ve heard of unitary executive theory? I present unitary executive and legislative theory

[image or embed]— Scott Lemieux (@lemieuxlgm.bsky.social) May 22, 2025 at 2:31 PM

As Kagan says, a major tell in the opinion is that it sees the only competing interest belonging to the officers themselves, ignoring the strong interest the people and their representatives have in having their statutorily expressed will honored

[image or embed]— Scott Lemieux (@lemieuxlgm.bsky.social) May 22, 2025 at 3:53 PM

And to compound the profound irresponsibility of using the shadow docket to upend 90 years of doctrine, the Court cites an immaterial footnote from a recent Roberts opinion (the ol’ stare circulus jerkus) to arbitrarily carve out a bespoke exception for the Federal Reserve:

Kagan on the ad hoc “but muh portfolios/midterms/president’s approval ratings” exception

[image or embed]— Scott Lemieux (@lemieuxlgm.bsky.social) May 22, 2025 at 2:37 PM

This is Donald Trump’s executive committee, not a court of law in any meaningful sense.