Bloomberg Law New SCOTUS Term & Thomas Disses Precedent (Podcast)
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Oct 4, 2025 Former United States Solicitor General Gregory Garre, now a partner at Latham & Watkins, provides an insightful look into the upcoming Supreme Court term and its implications for executive power. He discusses various legal disputes, including presidential authority and the complexities of removing independent agency commissioners. Joining him, constitutional law professor David Super from Georgetown Law critiques Justice Clarence Thomas's dismissal of precedent, arguing it undermines judicial restraint and could jeopardize significant rulings like same-sex marriage.
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Major Questions Limit Tariff Power
- The tariffs case asks whether a 50-year emergency statute authorizes sweeping presidential tariff power.
- Gregory Garre warns the court may apply the major-questions doctrine to limit that delegation.
Humphrey's Executor Under Threat
- The FTC removal case targets Humphrey's Executor and independent agency insulation.
- Garre says the court may narrow or overrule that precedent to increase presidential control.
Fed's Unique Status Could Protect Governors
- The Fed removal case differs because the president claims cause based on alleged pre-service misconduct.
- Garre notes the Fed's unique structure may protect it from the same treatment as the FTC.