With today’s decision in Trump v. Slaughter, the U.S. Supreme Court’s conservative supermajority takes another step toward building an imperial presidency on the ashes of the U.S. Constitution’s vision of a democratic republic. This clash over removal authority of independent agency heads was always meant as just the opening volley in this broader war. The end of the independent civil service, and even of administrative law itself, no longer seem improbable. The only real stopping point appears to be what the business community will tolerate, as today’s related decision in Trump v. Cook demonstrates.
Make no mistake: This is not the act of neutral judges adhering to the rule of law. These are political actors following a methodical plan to advance their political agenda.
Today is a reminder that significant Supreme Court reform must be on the top of a pro-democracy agenda moving forward, with all options on the table. Our constitutional democracy cannot endure when an unaccountable, partisan Supreme Court can recklessly thwart the will of our elected officials.
