Rightly Decided

A major morning drop at the Supreme Court completely reshaped the landscape of administrative law and the unitary executive theory. In this episode of Rightly Decided, Laura Beth Latimer is joined by Nathan Seltzer and Clayton Calvin to break down two blockbuster, newly released opinions: Trump v. Slaughter and Trump v. Cook.

Are independent agencies officially a thing of the past, or has SCOTUS carved out a permanent "headless fourth branch" for the Federal Reserve? Tune in for a comprehensive, originalist breakdown of how these rulings affect democratic accountability and the balance of power between Congress and the Executive.
  • Trump v. Slaughter (6-3): The Supreme Court officially overrules the 1935 Humphrey’s Executor precedent. Chief Justice Roberts, writing for the majority, holds that the Federal Trade Commission's (FTC) "for-cause" removal protections violate the Vesting Clause of Article II, restoring the president's unilateral authority to fire independent agency board members. We discuss the historical context—from the Decision of 1789 to James Wilson's views on executive unity—and what Justice Gorsuch’s powerful concurrence signals for the future of the non-delegation doctrine.

  • Trump v. Cook (5-4): In a surprising shift via the shadow docket, Chief Justice Roberts and Justice Kavanaugh cross over to side with the liberal bloc, ruling that the president cannot immediately remove Federal Reserve Governor Lisa Cook. Why did the court handle the Fed differently than the FTC? We unpack the critical roles of party presentation, historical national bank precedents (McCulloch v. Maryland), and the statutory procedural due process issues that triggered Justice Thomas’s solo dissent.

Creators and Guests

Host
Laura Beth Latimer
Laura Beth Latimer is an attorney at the Texas Public Policy Foundation's Center for the American Future. Before moving into public-interest work, she spent four years as a felony prosecutor in the Bell County District Attorney’s Office.
Guest
Clayton Calvin
Clayton Calvin is an attorney with the Texas Public Policy Foundation’s Center for the American Future. He has worked on a variety of constitutional matters, focusing mainly on separation-of-powers and federalism issues and narrowing the scope of administrative power. Prior to joining the Foundation, he worked with Colorado’s Independence Institute on constitutional and budget issues, and worked independently to limit qualified immunity and to defend the constitutional right to earn a living.
Guest
Nathan Seltzer
Nathan Seltzer is an attorney with the Center for the American Future. Prior to joining the Texas Public Policy Foundation, he worked with The Justice Foundation on pro-life and limited-government issues.

What is Rightly Decided?

Rightly Decided is a legal podcast from the Texas Public Policy Foundation's Center for the American Future, whose attorneys defend the Constitution through legal opposition to government overreach.