CONTEXT
I cannot overstate how powerful and terrifyingly dangerous MAGA’s authoritarian legal strategy is, the UET (Unitary Executive Theory) (explained in this post). The six MAGA judges on the USSC have already relied implicitly on the UET excuse for authoritarianism to inflict enormous damage on the neutrality and professionalism of critically important federal agencies. Now, it looks like the one last major bulwark against a president having the power to politicize, corrupt and weaponize independent federal agencies is going to fall. In this 10-page USSC order, the MAGA judges signal their readiness to seriously expand djt’s power, while taking power from congress.
Kagan and the three Dem judges dissented. This case will be likely decided in the next USSC term, with a decision probably coming in May or June of 2026.
In terms of bad impacts on American democracy and people’s everyday lives, this one is going to at least equal the horrors that have already flowed from MAGA judges getting rid of national abortion rights.
The legal doctrine under attack in this case, Trump v. Wilcox, is called Humphrey’s Executor. That legal doctrine came from a major 1935 USSC case that said congress has the power to prevent a president from firing officials from independent regulatory agencies without good cause.
An analysis
The following analysis assesses (1) the implications of getting rid of Humphrey’s Executor in the Trump v. Wilcox lawsuit, (2) the likelihood of getting rid of it, and (3) what will happen when the new power flows to djt and MAGA’s authoritarian-kleptocratic ideology.
MAGA goals, e.g., as described like Project 2025, explicitly advocates for dismantling federal agency independence by overturning the Humphrey’s Executor precedent. This goal is explicit, not just implied. The 1935 USSC ruling upheld Congress’s authority to shield independent agencies from partisan subversion, corruption and weaponization. Loss of that shield will apply to 13 independent agencies, the CFPB, NLRB, FTC, SEC, FCC, CPSC, EEOC, MSPB, NCUA, NRC, OSC, NTSB, and NSF. Agency decisions now based on professionalism, expertise, the public interest and the rule of law will be based mostly on political loyalty, regardless of expertise or professionalism, any contrary public interest, or even legality. Project 2025 argues that Humphrey’s Executor violates the Constitution’s separation of powers. MAGA’s authoritarian UET ideology centralizes presidential control over independent agency regulations, labor rights, and consumer protections.
The current Supreme Court MAGA majority has signaled willingness to overturn Humphrey’s Executor. Justices Thomas, Alito, and Gorsuch have flat out called it “unconstitutional.” That is 3 out of the five votes needed. Justices Roberts and Kavanaugh have increasingly deferred to presidential authority, making them another likely two votes. A Pxy analysis indicates that Barrett, apparently a Scalia-style originalist, would also probably vote to get rid of the Humphrey's Executor doctrine because originalist dogma supports the UET, i.e., an unrestrained president.
So, the Court seems to be ready to fully overturn or at lest seriously limit the precedent by 2026. This would fulfill Project 2025’s goal of eliminating congressional checks on presidential power. That would lead to almost full establishment of an authoritarian UET with djt as the unrestrained president. Only federal courts would be left to stop djt and MAGA elites from widespread tyranny and deep corruption. Congress would be out of the game almost entirely, especially as long as MAGA controls either the House or the Senate.
If this turns out like it looks like it probably will, we will be in deadly serious trouble. No one and nothing will be there to protect consumers, workers, the environment and our civil liberties. We will be at the tender mercies of cruel MAGA elites and unrestrained, equally cruel billionaires and big corporations. In short, we will be royally screwed and powerless.
John Q. Public
Huh? What just happened?