Bloomberg Law Upcoming Cases at the Supreme Court
Oct 3, 2025
Gregory Garre, former U.S. Solicitor General and partner at Latham & Watkins, dives into pivotal upcoming Supreme Court cases. He unpacks complex issues like tariff authority under the International Emergency Economic Powers Act and the implications of the major questions doctrine. Garre also explores challenges to state bans on transgender athletes in sports, and the national impact of the Court's decisions on these matters. Additionally, he delves into controversial topics like removal protections for independent agencies and race-conscious redistricting.
AI Snips
Chapters
Transcript
Episode notes
IEEPA Tariff Power Tested
- The Trump administration invoked the International Emergency Economic Powers Act to justify broad tariffs, a novel use in the statute's 50-year history.
- The Supreme Court may apply the major questions doctrine to reject treating a general "regulate" grant as authority for sweeping tariff policy.
Humphrey's Executor At Risk
- The administration seeks to overturn Humphrey's Executor to remove for-cause limits on firing FTC commissioners.
- If successful, the president would gain greater control over independent agencies by appointing preferred political heads.
Federal Reserve's Special Status
- The Supreme Court treated the Federal Reserve as potentially distinct from other independent agencies regarding removal protections.
- That distinction could allow the Fed to retain stronger insulation from presidential firing power.