SCOTUS Decision Day, Part 1: Geofencing, Mail Ballots, and the Administrative State
In part one of our Supreme Court decisions coverage, Charles C. W. Cooke, Richard Epstein, and John Yoo break down the decisions handed down today, beginning with the Court’s treatment of presidential removal power in Trump v. Slaughter and Trump v. Cook (no relation) —the first apparently overruling Humphrey’s Executor for ordinary agencies, the second preserving a major carveout for the Federal Reserve. They also debate Chatrie v. United States, a Fourth Amendment case involving law enforcement’s use of geofencing warrants and cellphone location data, and close with Watson v. Republican National Committee, in which Justice Amy Coney Barrett held that states may count mail-in ballots received after Election Day unless Congress clearly says otherwise. Along the way, the hosts argue over the administrative state, judicial independence, election integrity, and whether the Roberts Court is as predictable—or as partisan—as its critics claim. Part two will be on Thursday, with a decision expected on (cue dramatic music)…birthright citizenship!
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