Trump v. Cook · ¶193
Even assuming that the Court is right on the merits, the issue warrants much more than a few paragraphs. As JUSTICE THOMAS points out, the differences between the Federal Reserve and our early national banks are more significant than the majority lets on. Ante, at 3–6, 27 (dissenting opinion); see also A. Bamzai & A. Nielson, Article II and the Federal Reserve, 109 Cornell L. Rev. 843, 905–908 (2024); L. Menand, The Unitary Executive and the Federal Reserve, 94 Ford. L. Rev. 2089, 2119–2121 (2026). And the Court’s holding is in serious tension with Trump v. Slaugh ter, which we also decide today. ___ U. S. ___ (2026). Slaughter announces a categorical rule: Whenever “an agency ‘executes’ a congressional mandate against private parties, it exercises executive power” and must be subject to plenary executive control—“no ifs, ands, or quasis about it.” Id., at ___ (slip op., at 22). Yet…Read in context ›
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