Skip to content

Trump v. Slaughter (and Trump v. Cook)

5-4

Hosted by Michael Liroff and Peter Shamshiri

56m
Transcript

Original podcast

Summary

Written by a model from the transcript; not yet reviewed.

This podcast episode analyzes two Supreme Court decisions from the 2025 term, Trump v. Slaughter and Trump v. Cook, which addressed whether the president has the authority to fire the heads of independent agencies without cause. In Trump v. Slaughter, the Court ruled six to three in favor of the president, overturning nearly a century of precedent established by Humphrey's Executor and endorsing the unitary executive theory. The hosts unpack the flawed originalist arguments, the bizarre use of historical quotes, and the practical implications that allow the executive branch to hobble or dissolve independent agencies like the Federal Trade Commission. Conversely, in the companion case Trump v. Cook, the Court carved out an exception for the Federal Reserve, sparking bitter dissents from conservative justices who highlighted the blatant inconsistency of the rulings.

  • Congress created the Federal Trade Commission in 1914 with statutory protections that restrict the president from firing commissioners except for inefficiency, neglect of duty, or malfeasance. 0:53
  • The Supreme Court ruled six to three in Trump v. Slaughter that the president can fire independent agency heads at will, relying on the vesting and take care clauses. 1:02
  • The majority opinion in Trump v. Slaughter Frankensteined together out-of-context historical quotes from James Wilson to argue that executive unity protects the separation of powers. 15:53
  • In Trump v. Cook, decided the same day, the Court contradicted its own reasoning by ruling that the president cannot freely fire the head of the Federal Reserve due to a tradition of central bank independence. 43:09

Chapters

  1. 0:09
    Podcast Intro and Host Setup

    The hosts introduce themselves, the podcast, and the episode’s focus on Trump v. Slaughter and Trump v. Cook.

  2. 1:02
    Supreme Court Decision and Unitary Executive Theory

    The Supreme Court’s 6‑3 ruling in favor of Trump is explained, including the majority’s reliance on the unitary executive theory and constitutional arguments.

  3. 5:00
    Concluding Thoughts on Executive Power

    The hosts wrap up by reflecting on the broader impact of the decision on presidential authority and the future of independent agencies.

  4. 7:01
    Independent vs. Executive Agencies

    The panel discusses the distinction between executive agencies and independent agencies, and why the FTC is considered independent.

  5. 8:03
    Statutory Constraints on FTC Removal

    They review the FTC statute’s requirement that commissioners can only be removed for inefficiency, neglect, or malfeasance, and Trump’s failure to provide such a reason.

  6. 54:02
    Unitary Executive Theory Explained

    The speakers discuss the concept of unitary executive theory and its implications for the independence of the DOJ and other agencies.

  7. 55:16
    Project 2025 and the Heritage Foundation

    The speakers reference Project 2025 and Heritage Foundation leaders who argue that independent federal agencies undermine democratic foundations.

  8. 56:31
    Originalism vs. Modern Executive Power

    They critique the application of originalist principles to contemporary executive authority, arguing it misrepresents the founders' intent.

  9. 58:38
    Closing Remarks and Next Topics

    The hosts wrap up, tease upcoming episodes on NRC, FEC, and campaign finance, and provide social media and sponsorship information.

Highlights

  • 1:02

    Ruling on Presidential Removal Powerdata

    The Supreme Court ruled six to three that the president can fire FTC commissioner Rebecca Slaughter without cause, advancing the unitary executive theory and expanding presidential authority over numerous government agencies.

  • 11:25

    Overturning Humphrey's Executorinsight

    Conservatives on the Court finally overturned the 1935 Humphrey's Executor precedent, which had long held that independent agencies are not entirely within the control of the president.

  • 15:53

    Misleading Historical Editinginsight

    John Roberts stitched together a misleading edit of James Wilson's words from the Constitutional Convention, twisting a general statement on executive vigor into a claim that a strong executive protects the separation of powers.

  • 18:54

    The Debate of 1789insight

    The hosts point out that the month-long debate in the first Congress over removal power actually proves the power was not explicitly written into the Constitution, contradicting the majority's originalist claims.

  • 26:39

    Gorsuch's Concurrence and Dangerous Powerinsight

    Justice Gorsuch's concurrence argues that making agency heads at-will employees vests too much dangerous power in the president, creating a nightmare scenario where the entire federal government can target a single company.

  • 43:28

    Contradictory Ruling in Trump v. Cookdebate

    In the companion case Trump v. Cook, the Court hypocritically comes out the other way on the Federal Reserve, deciding that the president cannot fire its head at will due to a tradition of central bank independence.

Quotes

  • “The law that created the FTC says it will be run by five commissioners, each of whom serves for seven years.”
    Unnamed speaker · 8:03
  • “The court wants to make this sound like it's just deeply grounded in the Constitution.”
    Peter Shamshiri · 17:02
  • “Donald Trump can fire his political opponents, which is what he's been doing, right?”
    Peter Shamshiri · 22:28
  • “What we're trying to do is identify the pockets of independence and seize them.”
    Unnamed speaker · 54:56
  • “The notion of independent federal agencies or federal employees who don't answer to the president violates the very foundation of our democratic republic.”
    Unnamed speaker · 55:20
  • “It's in total direct contradiction to, like, the basic concepts of checks and balances that have been understood for generations.”
    Unnamed speaker · 56:07
  • “The founders were like, well, who's in charge of money? And who's in charge of ships? It was like fucking Game of Thrones.”
    Peter Shamshiri · 57:39
  • Cozy Earth 36:35–38:15
  • Home Chef 38:30–39:40
  • Quince 39:50–41:14
  • Mint Mobile 41:16–42:44
  • 54pod 58:52–58:58

About this episode

Executive agencies are fake by the way… If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support http://fivefourpod.com/support. 5-4 is presented by Prologue Projects. This episode was produced by Alli Rodgers. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social. Our Sponsors: * Check out Mint Mobile and use my code mintmobile.com/fivefour for a great deal: https://www.mintmobile.com * Check out Quince and use my code FIVEFOUR for a great deal: https://www.quince.com Advertising Inquiries: https://redcircle.com/brands

Transcript

0:00
56:33

9,835 words · 6 speakers

Speaker names marked are inferred from speaking time and the show’s known hosts — they are not voice-verified.

Topics

  • Project 2025
  • Office of Management and Budget
  • Heritage Foundation
  • Center for Renewing America
  • NRC
  • FEC
  • Spatial Relations

Page updated · transcript and summary are machine-generated