Elena Kagan Warns Supreme Court 'Overriding' Congress to Give Trump a Win
Source: Newsweek
Published Sep 22, 2025 at 3:59 PM EDT | Updated Sep 22, 2025 at 7:42 PM EDT
Justice Elena Kagan warned Monday that the Supreme Court is "overriding" Congress to hand President Donald Trump sweeping new powers over independent agencies. Her dissent came after the court, in a 6-3 decision, allowed Trump to fire Federal Trade Commission member Rebecca Slaughter while the justices consider whether to overturn a 90-year-old precedent limiting presidential removals.
The conservative majority offered no explanation, as is typical on its emergency docket, but signaled a willingness to revisit the landmark 1935 Humphrey's Executor ruling.
Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, said the court has repeatedly cleared firings that Congress explicitly prohibited, thereby shifting control of key regulatory agencies into the president's hands. "Congress, as everyone agrees, prohibited each of those presidential removals," Kagan wrote. "Yet the majority, stay order by stay order, has handed full control of all those agencies to the President."
Newsweek reached out to the White House for comment via email on Monday afternoon.
Read more: https://www.newsweek.com/kagan-supreme-court-congress-trump-win-ftc-2133934

MrWowWow
(1,378 posts)Will we hang together or separately?
no_hypocrisy
(53,192 posts)it simultaneously making the present make-up of Congress irrelevant. But not without a purpose. Bypassing Congress to make choices and law, this ruse allows Republicans (in the majority) from being held in account for unpopular (and unconstitutional) policies. And they can glide into re-election without offending the electorate.
What it comes down to: an inactive Congress is better for Trump than a democratic majority in either or both Houses.
riversedge
(77,984 posts)is also controlled by Repugs. Damn!
bluestarone
(20,377 posts)are planing ahead for this. There is no RECOURSE when the SC decides for TSF, no matter what OUR 2026 congress does.THEIR plan will go into effect!
Javaman
(64,547 posts)wait till the midterms.
mahina
(20,068 posts)Miguelito Loveless
(5,222 posts)The Orange Regime will sue any place it loses, and the SCOTUS will help him overturned elections which go against the Regime.
Trump and his billionaire owners are not going to give up power.
Javaman
(64,547 posts)1. Orange idiot tries to declare some sort of fabricated state of emergency and suspend election. That on its own, if successful or unsuccessful, will completely fuck things up for a long while.
2. We have show elections. They will be so crooked and fixed, that it will fuck up things for a long while
There really is no happy outcome
Think of it this way, hes not building a multimillion dollar ballroom just so someone else can use it
Blues Heron
(7,625 posts)MoseShrute
(85 posts)when a Dem is president. My question is which of the justices are named in the Epstein files? Im betting on beer bong, Clarence and John Roberts. Alito is likely Captain Incel.
SSJVegeta
(1,592 posts)Hopefully January 2027
FBaggins
(28,447 posts)There are only 22 Republican senate seats even up for election (and only four or five of them are considered even marginally competitive).
SSJVegeta
(1,592 posts)And I think the environment is very quickly turning into one where it is possible. No clue if it happens though.
I just know that when it comes to many new authoritarian regimes -especially during horrible economic times, it isnt uncommon to see a strong democratic backlash against the regime in the following elections (like Venezuelas legislative election that put the opposition in a 2/3rds majority. It did nothing though because the regime acted more swiftly to invalidate the legislature than the other way around). If we are so lucky, Democrats need to be ready pre-empt all attempts to invalidate their legislative body.
FBaggins
(28,447 posts)1946 and 1980
Response to FBaggins (Reply #17)
SSJVegeta This message was self-deleted by its author.
SSJVegeta
(1,592 posts)But the largest net gain was 15 seats in the 1958 midterms for Dems and that wasnt even nearly as bad as things are now -and we cant even comprehend how bad things will be in a year from now!
lark
(25,502 posts)They hate 20th century American values so much, they'd do anything to bring us back to our Puritan roots, where common people had no say in anything at all.
Bayard
(27,150 posts)Thank you for shining a light on your corrupt colleagues and this administration. History will remember you well. Live long, and prosper.