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The Daily (NYT)

The Supreme Court Expands Presidential Power. Again.

24 min episode · 2 min read
·
Anne Maramo

Episode

24 min

Read time

2 min

Topics

Career Growth, Leadership, Marketing

AI-Generated Summary

Key Takeaways

  • Presidential Removal Power: Presidents can now fire commissioners of independent agencies — including the FTC, SEC, and Consumer Product Safety Commission — without stating any reason. This overturns a 90-year-old precedent established in 1935 and eliminates congressional job protections that shielded more than two dozen agency heads from political interference by whoever occupies the White House.
  • Federal Reserve Exception: The Federal Reserve retains its independence under a separate 5-4 ruling authored by Chief Justice Roberts, joined by all three liberal justices and Justice Kavanaugh. Trump's attempt to fire Fed Governor Lisa Cook via a social media post was ruled procedurally improper — the court requires a formal cause-based process specific to the Fed's unique monetary role.
  • Unitary Executive Theory in Practice: Chief Justice Roberts, who has championed unitary executive theory since his Reagan-era legal career, grounded the ruling in the argument that presidents cannot effectively govern if agency heads holding executive power are insulated from removal. This framework treats independent agency structures as constitutionally flawed from their New Deal-era origins.
  • Power Redistribution Beyond the Presidency: The ruling simultaneously weakens Congress — which created these job protections through statute — while expanding both executive and judicial authority. The conservative court majority now holds power to invalidate congressional agency structures, meaning the judiciary gains authority to determine which regulatory independence is constitutionally permissible and which is not.
  • Pendulum Effect for Future Administrations: Because this removal power is now constitutionally grounded rather than statutory, the next Democratic president inherits identical authority to immediately replace Trump-appointed agency commissioners across all affected independent regulators. Legal analysts note this could produce more sweeping regulatory reversals than previously possible under the old bipartisan, cause-required framework.

What It Covers

The Supreme Court issued two landmark rulings on June 30, expanding presidential power to fire leaders of over two dozen independent federal agencies without cause — overturning a 1935 precedent — while simultaneously carving out a specific exception protecting Federal Reserve governors from at-will removal.

Key Questions Answered

  • Presidential Removal Power: Presidents can now fire commissioners of independent agencies — including the FTC, SEC, and Consumer Product Safety Commission — without stating any reason. This overturns a 90-year-old precedent established in 1935 and eliminates congressional job protections that shielded more than two dozen agency heads from political interference by whoever occupies the White House.
  • Federal Reserve Exception: The Federal Reserve retains its independence under a separate 5-4 ruling authored by Chief Justice Roberts, joined by all three liberal justices and Justice Kavanaugh. Trump's attempt to fire Fed Governor Lisa Cook via a social media post was ruled procedurally improper — the court requires a formal cause-based process specific to the Fed's unique monetary role.
  • Unitary Executive Theory in Practice: Chief Justice Roberts, who has championed unitary executive theory since his Reagan-era legal career, grounded the ruling in the argument that presidents cannot effectively govern if agency heads holding executive power are insulated from removal. This framework treats independent agency structures as constitutionally flawed from their New Deal-era origins.
  • Power Redistribution Beyond the Presidency: The ruling simultaneously weakens Congress — which created these job protections through statute — while expanding both executive and judicial authority. The conservative court majority now holds power to invalidate congressional agency structures, meaning the judiciary gains authority to determine which regulatory independence is constitutionally permissible and which is not.
  • Pendulum Effect for Future Administrations: Because this removal power is now constitutionally grounded rather than statutory, the next Democratic president inherits identical authority to immediately replace Trump-appointed agency commissioners across all affected independent regulators. Legal analysts note this could produce more sweeping regulatory reversals than previously possible under the old bipartisan, cause-required framework.

Notable Moment

Justice Sonia Sotomayor took the rare step of reading her nearly 50-page dissent aloud from the bench — a signal of profound disagreement — arguing the majority simultaneously overturned precedent, distorted constitutional history, and abandoned any pretense of restraint, all in a single ruling.

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Episode Transcript

On TikTok, entire communities are turning curiosity into connection. History lovers share stories that bring the past into focus. Scientists and educators break down big ideas with experiments and insights that make discovery feel approachable. And across art, language, and everyday tips, people on TikTok give fresh perspective on the world we share. TikTok is a place for curiosity, where learning is fun, connection is meaningful, and discovery never stops. From the New York Times, I'm Michael Barbaro. This is A Daily. In a major ruling on Monday, the Supreme Court delivered one of the biggest changes in decades to how the federal government works. And then the court turned around and announced an exception to its own ruling. Today, my colleague Anne Maramo explains what the court was up to. It's Tuesday, June 30. Anne, thank you for coming on on a busy Supreme Court day for you. Appreciate it. Thanks for having me. So Anne, Monday was a day of big, and I think if we're being honest, somewhat contradictory rulings in theory by the Supreme Court about the scope of presidential power. So let's start with what just happened and what it means. So there are two big decisions on Monday. The first was a major expansion of presidential power. It makes it far easier for presidents to fire the heads of independent agencies like the Federal Trade Commission. It says the president can fire regulators for no reason or any reason at all, and these have been traditionally independent agencies. So the court's decision really upends the structure of the federal government as it's been for over a hundred years. Right. It's not every day that you hear a colleague say that a hundred years of federal government precedent and practice has been upended, but that's what you just said. That's right. At the heart of this case was a ninety year old precedent from 1935 that said Congress could protect these independent regulators from being fired on a whim by the president. And now the court said today that they can. Right. Basically, they overruled a major precedent. That's the first case. That's right. And then the second case, as you mentioned, seems somewhat contradictory. In this case, the court carved out an exception for the Federal Reserve, the influential central bank. The court said this is a unique institution, that independence is really critical to overseeing monetary policy. And as you'll recall, this is the case where president Trump tried to fire Lisa Cook, one of the governors of the Federal Reserve Board. Mhmm. And here, the court said, unlike all these other agencies, that the president can't just remove her on a whim, that there has to be cause. And in this case, the court's decision here was a little bit technical and procedural, but it upholds the principle that the Federal Reserve is unique and that its independence is really critical in our system of government. Got it. So in summary, the …

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