S8 Ep178: HEADLINE Presidential Authority Over Independent Boards: The Supreme Court's Trump v. Slaughter Decision GUEST Professor Richard Epstein, Civitas Institute 50 WORD SUMMARY Epstein analyzes the Supreme Court's Trump v. Slaughter case, examining presidentia
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 12 December 2025
⏱️ 2 minutes
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Summary
GUEST Professor Richard Epstein, Civitas Institute
50 WORD SUMMARY Epstein analyzes the Supreme Court's Trump v. Slaughter case, examining presidential authority to hire and fire independent board members. The decision traces to Humphrey's Executor (1935). Epstein predicts Justice Kavanaugh's uncertain vote due to his prior distinction between single-person agencies and panels. This ruling represents a momentous decision determining presidential executive power scope.
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Transcript
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| 0:00.0 | This is John Batchel, speaking with Professor Richard Epstein of Civitas Institute about a court case, |
| 0:07.7 | oral arguments these last days, Trump versus slaughter. |
| 0:12.2 | The question is the power of the president to fire or hire so-called independent boards. |
| 0:18.7 | Richard gives the background of this, dating from the early part of the |
| 0:22.2 | 20th century, Woodrow Wilson's time in office, and moves through the relevant Supreme Court |
| 0:28.9 | cases, Humphrey's executor in 135, for example, right up to date about how the court is |
| 0:35.4 | looking one way or the other. To learn the details of this and why |
| 0:38.5 | Richard considers it, as he says, one of the most important cases ever decided by the Supreme |
| 0:43.5 | Court about presidential power, see tonight, here's Richard speculating on the final vote by the |
| 0:51.6 | court when and if it passes down its decision, which will unlikely |
| 0:56.1 | be soon. |
| 0:58.3 | Well, then again, the court does what it wishes. |
| 1:01.5 | I'm not on my schedule. |
| 1:02.8 | Here's Richard Epstein to explain how he thinks the vote might go, especially among the |
| 1:08.5 | conservative judges, the so-called six, on the bench right now. |
| 1:14.6 | Richard Epstein. |
| 1:15.8 | I think in this case, yes. |
| 1:17.6 | I mean, Kavanaugh is sometimes a little bit squishy because when he was on the lower court |
| 1:23.2 | and decided this issue, he said that when you're dealing with independent agencies, |
| 1:27.3 | a single person |
| 1:28.6 | agency would not pass the bug, but a panel would. And this is a panel. So he'd have to change his |
| 1:34.4 | position. He may bring along Barrett with him. So it's not 100% sure what is going to happen under these |
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