Bloomberg Law
SCOTUS Doesn't Decide & New Delaware Law
Feb 25, 2025
Harold Krent, a constitutional law professor at Chicago-Kent, dives into the Supreme Court's silence on President Trump’s authority regarding the Office of Special Counsel. Eric Talley, a business law professor at Columbia, discusses exciting upcoming changes in Delaware corporate law, influenced by recent high-profile cases like Elon Musk's compensation conflict. The conversation touches on how these legal shifts could affect corporate governance and the competitive landscape for state incorporation, reflecting on the ongoing struggle between innovation and regulation.
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Quick takeaways
- The Supreme Court's inaction on Trump's request to dismiss the Office of Special Counsel highlights ongoing tensions between presidential power and agency independence.
- Delaware's proposed corporate law changes could reshape shareholder power dynamics, risking the state's reputation as a leading incorporation destination.
Deep dives
Trump Administration's Executive Power and Legal Challenges
The Trump administration has initiated a series of executive orders aimed at consolidating presidential power, a move that has prompted significant legal scrutiny. One focal point is the attempt to fire Hampton Dellinger, head of the Office of Special Counsel, which is designed to protect whistleblowers within government agencies. The Supreme Court's recent refusal to rule on the administration's request reflects the complexities surrounding the procedural and substantive aspects of presidential removal authority. This situation underscores a broader struggle between maintaining the independence of certain offices and the president’s desire to exert unfettered control over executive appointments.
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