In the Slaughter case, the Court ignored the Founders, discarded precedent, and handed the president vast new powers.
Peter M. Shane
Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University and a Distinguished Scholar in Residence at the New York University School of Law. He is the author of Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency(2022) and the host of "Democracy's Chief Executive: The Podcast." Follow Peter on Bluesky at @petermshane.bsky.social.
Posted inLaw and Justice
How the Supreme Court’s Tariff Ruling Could Save the Civil Service
Its rebuke of Trump tariffs might mean serious problems for other Trump initiatives. Much depends on the Court’s internal fight over the “major questions doctrine.”
Posted inLaw and Justice
Trump’s Firing of a Fed Governor
Hopefully, the Court will see that kneecapping independent agencies isn’t needed to give presidents influence over policymaking.
Posted inLaw and Justice
Save Humphrey’s Executor. Save the Supreme Court (Sort Of)
A modest proposal for how the justices can do the right thing and be true to themselves as they decide the fate of independent agencies.
Posted inLaw and Justice
How the Roberts Court Indulges Trump’s Constitutional WorkaroundsÂ
The conservative justices have been accomplices to the president’s blatant attempts to bypass the Constitution’s limits on his power.  Here’s how.Â
Posted inLaw and Justice
A Blinkered Supreme Court Blocks Relief from Racial ProfilingÂ
Opposed to the use of race in higher education, the conservative supermajority upholds it when it comes to deportation.Â
Posted inLaw and Justice
Trump’s Bombing Iran and Its Nuclear Sites: The Continued Constitutional Fallout
The lack of political resistance to Trump’s unilateral move against Iranian targets underscores the weakness of the Constitution’s checks and balances concerning war.
Posted inLaw and Justice
Another Supreme Court Blow for Autocracy?
Its order allowing Trump temporarily to oust two tenure-protected officials bodes ill for agency independence.
Posted inLaw and Justice
Trump Escalates His War on Independent Regulatory Agencies
Trump Escalates His War on Independent Regulatory Agencies: His February executive order and the firing of a labor relations board member are the latest moves in a multi-decade right-wing campaign to legitimate an authoritarian presidency.
Posted inPolitics
Trump’s Schedule F Plan for the Civil Service Would Be a Disaster
It violates statutes, undoes a century of civil service reform, and would derail government services.
