Articles Tagged: Separation Of Powers
The U.S. Supreme Court has handed down a major administrative-law ruling with immediate consequences for federal agencies, regulated businesses, and the lawyers who advise them.
The U.S. Supreme Court has handed down a consequential separation-of-powers decision, ruling 6-3 that the president may remove FTC commissioners at will. In doing so, the Court allowed President Donald Trump’s firing of Commissioner Rebecca Slaughter to stand and overturned the longstanding 1935 precedent of Humphrey’s Executor v. United States, which had insulated FTC commissioners from removal except for cause.
The dispute, now reflected on Docket Alarm as Donald J. Trump, President of the United States, et al., Petitioners v. Rebecca Kelly Slaughter, marks one of the Court’s most significant recent statements on presidential control over the administrative state.
A federal judge in Virginia has indefinitely blocked a roughly $1.8 billion Justice Department fund designed to compensate alleged victims of “lawfare” and government “weaponization,” stopping what had become one of the more unusual post-settlement funding arrangements tied to litigation involving President Donald Trump.
U.S. District Judge Leonie Brinkema, of the Eastern District of Virginia, concluded that the challenged arrangement raised serious legal concerns, especially around whether the executive branch can effectively create or direct a massive compensation pool without clear congressional authorization.
The U.S. Court of Appeals for the Federal Circuit has temporarily paused a U.S. Court of International Trade ruling that would have halted collection of tariffs imposed under President Trump’s trade program, preserving the status quo while appellate review moves forward. The order keeps the tariffs in place for now in a closely watched dispute over the scope of presidential trade authority and the limits of emergency-based executive action.
The litigation includes challenges brought by states and private importers, including State of Oregon v. Trump, now before the Federal Circuit.
The North Carolina Supreme Court has brought the long-running Leandro school-funding litigation to a close, issuing a 4-3 decision that rejects earlier rulings allowing trial courts to order the transfer of hundreds of millions of dollars to address alleged constitutional shortfalls in public education.


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