The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, July 25
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Jul 28, 2025 Join a lively discussion delving into the Supreme Court's controversial rulings on executive agency independence. Explore the complex case of Kilmar Abrego Garcia and its legal ramifications, alongside the implications of recent budgetary decisions affecting U.S. agencies. The hosts tackle whistleblower integrity within the Justice Department and dissect claims of conspiracy tied to the previous administration. Plus, hear about the Ninth Circuit's ruling on birthright citizenship and the intricate legal strategies shaping future challenges.
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Supreme Court Erodes Agency Independence
- The Supreme Court's interim rulings erode the independence of federal agencies like the Consumer Product Safety Commission.
- This signals a shift reducing protections for officials of multi-member independent agencies under precedents like Humphrey's Executor.
Disabling Merit Systems Protection Board Risks Due Process
- Administration actions disabling Merit Systems Protection Board threaten due process for federal employees.
- Courts face challenges in balancing agency functionality and presidential control amid removals and quorum issues.
OMB Website Shutdown Curtails Transparency
- The Trump administration took down OMB's public apportionment website to limit transparency of fund allocation.
- Courts ruled this removal unlawful, emphasizing Congress's authority to require disclosure on spending appropriated funds.