Bloomberg Law Supreme Court Special: Previewing 2026 & A Conversation With Anthony Kennedy
Dec 26, 2025
Harold Krent, a constitutional law expert at Chicago-Kent, delves into upcoming Supreme Court cases that could reshape legal precedents, including the implications of firing Fed Governor Lisa Cook. Retired Justice Anthony Kennedy shares insights from his illustrious career, discussing key rulings like Obergefell and the complexities of Bush v. Gore. He emphasizes the importance of civility in public discourse and reflects on the court's decision-making process, highlighting the delicate balance between law and liberty.
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Fed Might Be A Unique Removal Exception
- The Supreme Court may carve out special protections for the Federal Reserve from broad limits on presidential removal power.
- Harold Krent suggests the Fed's unique structure and history could make it an exception to a sweeping rule on agency removals.
Cause For Removal Remains Unclear
- The Court has been vague about what legally constitutes "cause" for removal in for-cause protections.
- Krent says this case likely won't define timing, seriousness, or job-relatedness of misconduct constituting cause.
Birthright Citizenship Is Likely Safe
- The 14th Amendment's birthright clause plainly grants citizenship to those born here and subject to jurisdiction.
- Krent predicts the Court will likely reject the administration's attempt to rewrite the clause by inserting "lawful."