Advisory Opinions Dorm Room Originalism
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Sep 25, 2025 The hosts dive into the Supreme Court's surprising decision to hear a case prematurely, raising questions about judicial processes. They discuss the contentious debate over the Federal Trade Commission’s power and whether courts can intervene when officials are removed by the president. The concept of originalism takes center stage, with its influence on contemporary rulings like Roe v. Wade. Tensions in healthcare coverage for gender-affirming surgeries also spark discussion, alongside an analysis of the Alien Enemies Act and its implications for presidential authority.
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Cert Before Judgment Shortcut
- Certiorari before judgment speeds cases by folding emergency relief into the merits docket.
- The Supreme Court can fast-track major separation-of-powers disputes by treating stays as cert grants.
Humphrey's Executor On The Table
- The Court explicitly asked whether Humphrey's Executor should be overruled in the FTC removal case.
- That framing signals the justices are considering sweeping changes to removal doctrine.
Can Courts Block Removals?
- The Court also asked whether courts may enjoin or restore removed public officers, a question far broader than prior universal-injunction issues.
- If courts lose power to reinstate officials, back pay may be the only remedy, dramatically shifting separation-of-powers enforcement.