Liberal supreme court justices condemn ‘destabilizing’ ruling that expands Trump’s power to fire regulators – live | US news


An overview of today’s supreme court rulings

  • The supreme court ruled that Donald Trump’s firing of Federal Reserve governor Lisa Cook was unconstitutional, in a landmark ruling that limits a president’s authority over the central bank. In its opinion, the court said that Trump does not have the constitutional authority to fire a Fed governor without cause. The ruling is a major win for the central bank, which has spent the last year under attack from the White House.

  • But, in a separate case, the justices ruled that Trump can fire leaders of independent agencies or commissions, ending 90 years of court precedent that curbs executive power. That case centered on Rebecca Slaughter, whom Trump fired as Federal Trade Commission member in March last year over email, telling her that keeping her as a commissioner would be “inconsistent with [the] administration’s priorities”.

  • The court handed Trump another loss, refusing to hear his bid to overturn a $5m verdict in favor of E Jean Carroll in a case in ⁠which a jury found ⁠him liable for sexually ​abusing the former magazine columnist and then defaming her. The 2023 jury verdict and a $5m civil judgment remain in place. The high court declined to take up the case in a brief, unexplained order. There were no noted dissents.

  • The supreme court sided against national Republicans and the Trump administration to allow mail-in ballots that arrive after election day to be counted, upholding the law in more than a dozen states. The Republican National Committee had challenged a Mississippi state law allowing mailed ballots to be counted if they arrive within five business days of election day, so long as they were postmarked by election day. The court’s liberal justices pointed to federal laws that allow for grace periods, while noting that a ruling here could also implicate early voting, another common practice.

  • The court also refused to revive a $300m defamation lawsuit filed against CNN over its coverage of a prominent attorney’s remarks made while defending Trump during his 2020 impeachment. Alan Dershowitz said CNN aired only a portion of the comment made during his defense of the president, distorting his meaning to make him look like he’d “lost his mind”. The network said that multiple outlets had interpreted his remarks in a similar way, and Dershowitz couldn’t show CNN was trying to mischaracterize what he said. The court’s majority declined to take up the case in a brief, unexplained order.

  • And finally, the supreme court threw out a judicial decision ⁠involving a Virginia man’s challenge to a “geofence” warrant used by police to access cellphone location data near a crime scene leading to his conviction for armed robbery. The justices threw out ⁠a lower court’s ruling against ⁠defendant Okello Chatrie, who ​had argued he was subjected to an illegal search and that evidence in his case should be excluded. The court agreed that a search had occurred, but sent the case back to a lower court to conduct further analysis.

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Jenna Amatulli

Jenna Amatulli

Speaking during a press call earlier today, Rebecca Slaughter said of the supreme court’s ruling that Trump firing her last year was lawful:

double quotation markI think it’s safe to say we’re profoundly disappointed about today’s decision. I think it’s a really sad moment for the FTC, specifically an institution that I love dearly, but really institutions of government more generally, and the rule of law. What we have seen is a massive expansion of executive power at the expense of Congress, who designed these agencies to work on behalf of the people and not the powerful. And it’s at the expense of those people who deserve a government that fights for them without fear or favor, and doesn’t just reward the president’s allies and punish his perceived enemies, and instead makes markets more free and more fair, and that is what we lose.

“I think by our best count, there are about two dozen agencies with a similar structure to the FTC, multi-member bipartisan board or commission with some form of implicit or explicit removal protection, and a common thread among them is that they all have some important authority in protecting market integrity, making sure economic decisions are being made without fear or favor, and I think they are all at risk,” Slaughter added, noting the Federal Reserve is exempted from the lack of removal protections.

Slaughter also noted it was “very difficult for me to reconcile Cook and Slaughter decisions in that somehow Wall Street is special and gets special treatment.”

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