Trump v. Slaughter · ¶234

Seldom, if ever, has this Court worked such a profound bait and switch on a coequal branch: For more than 90 years, Congress believed, with this Court’s express approval, that it was allowed to create a workable Government, including by granting certain agencies tasked with certain responsibilities some independence from Presidential control. In rejecting that project, after decades of promising the political branches that structures like the FTC’s were permissible, the Court creates an Executive Branch that Congress never dreamed of establishing and that it now has little hope of ever reining in. Cf. Learning Re sources, Inc. v. Trump, 607 U. S. 229, 244–245 (2026) (opinion of ROBERTS, C. J.) (emphasizing Congress’s difficulty in paring back executive power once granted, given the need for a veto-proof supermajority). The concurrence acknowledges the “real risks” implicated by the…

slip opinion, revised 7/07/26
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