5-4 Trump v. Wilcox
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Jun 10, 2025 The podcast dives into a Supreme Court case that bolster Trump’s authority to fire independent agency leaders, raising eyebrows about civil rights and executive power. It humorously examines the quirkiness of legal education and law reviews. Discussions highlight Justice Kagan's dissent against increasing executive dominance, alongside concerns about the Court's conservative shift and its impact on labor rights. The hosts also critique political strategies and preview upcoming legal battles, including a notable Supreme Court decision on Dogecoin.
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Illegal Firing Disrupts Agencies
- Trump fired members of independent federal agencies despite laws protecting their terms and firing procedures.
- These firings deactivated the National Labor Relations Board by eliminating quorum, showing real disruption.
Legal Protections Ignored by Trump
- Federal law and precedent protect certain agency members from removal except for cause.
- Trump fired officials without notice, hearing, or cause, ignoring these protections.
Shadow Docket Overturns Precedent
- The court's decision sides with Trump, lifting the stay on firings without deciding merits.
- This approach functionally overturns nearly 90 years of precedent protecting independent agency members.