[ [link removed] ]Help Us Keep Pressure on Congress to Do the Right Thing. Donate Now.
Hi John,
The courts have been busy in the second Trump administration, with many of
the administration's actions being ruled illegal or unconstitutional by
lower courts. What that means, of course, is that we're watching the
Supreme Court closely for issues relating to the consolidation of power in
the executive branch and money in politics.
Here are 4 cases on the docket that we're watching 👀
[2]Can the President Impose Tariffs?
One of the hallmarks of President Trump's economic policy is imposing
tariffs on other countries. [ [link removed] ]He claims emergency authority to do so
under the International Emergency Economic Powers Act (IEEPA) – the first
time this act has been used to impose tariffs.
In [ [link removed] ]Learning Resources, Inc. v. Trump, plaintiffs argue that the IEEPA
does not grant the President the authority to impose tariffs, that the
Constitution clearly lays that power in the hands of Congress.
Oral arguments are set to begin November 5, and [ [link removed] ]Trump has said he might
make an appearance during the oral arguments – another first.
[6]How Much Power Does the President Have Over Independent Agencies?
Since the start of his second term, President Trump has attempted to fire
members of independent federal agencies like the [ [link removed] ]Federal Reserve,
[ [link removed] ]Federal Trade Commission, and [ [link removed] ]National Transportation Safety Board.
Congress has long limited the ability of the executive to remove members
of independent agencies before their term is up, in an effort to avoid
firings for political reasons, and the [ [link removed] ]Supreme Court has upheld that
since 1935.
The Supreme Court has behaved inconsistently when it comes to the current
firings: they kept Lisa Cook, a member of the Federal Reserve's Board of
Governors, in office while agreeing to hear oral arguments in January.
However, they [ [link removed] ]allowed the administration to move forward with firing
Rebecca Slaughter, a member of the Federal Trade Commission, while also
agreeing to hear arguments in that case.
Both cases will be heard by the Supreme Court, with [ [link removed] ]Trump v. Slaughter
having oral arguments in December and [ [link removed] ]Trump v. Cook having oral
arguments in January.
[14]Should political parties be able to coordinate with political
candidates in elections?
One of the few limits on campaign spending we have is now under attack
before the Supreme Court: the laws that limit the amount of money
political party committees can spend in coordination with a political
candidate.
[ [link removed] ]Plaintiffs argue that the Supreme Court’s 2001 decision (FEC v.
Colorado Republican Federal Campaign Committee) denies them their First
Amendment rights to free speech and want these limitations
overturned…meaning parties can pour even more money into elections, making
campaigns even more expensive.
Oral arguments are set for December.
It's easy to feel like once a case has been ruled on by the Supreme Court,
it's over. But that's not how it has to be. Congress still has the ability
to make laws. If the Supreme Court rules that emergency powers enable the
president to impose tariffs, for example, Congress could pass laws better
defining emergency powers, making it harder for the president to invoke
them.
That's why we're [ [link removed] ]telling Congress to stand up for their Constitutional
powers and have the courage to do what our founders wanted – be a check on
the executive branch.
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