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Podbit · Pod Save America

The MAGA Supreme Court's Assault on America

Explore episode Jun 28, 2026

Where this was said

Pending Cases: Federal Reserve Independence and Independent Agencies

At 45:00 · chapter starts 44:00

Two pending cases test the limits of presidential removal power. The first asks whether the president can fire commissioners of independent multi-member agencies — the FTC, SEC, EEOC, NLRB — despite a nearly century-old precedent (Humphrey's Executor) limiting that power. The Supreme Court already signaled it would adopt the unitary executive theory, but carved out a bespoke exception for the Federal Reserve because applying the theory there would allow the president to blow up the global economy. Trump immediately tested the exception by attempting to fire a Fed governor. The second case (the Lisa Cook case) asks whether Trump violated the existing statutory limits on firing Fed governors — a narrower question than the sweeping agency one. Leah emphasizes that if the larger case goes against independent agencies, it gives the president power to install loyalists at the FTC, SEC, and beyond — using regulatory power to reward friends and punish enemies.

Government
Trans Sports Bans: The Worst-Case Spectrum

The MAGA Supreme Court's Assault on America · Jun 28, 2026 Government

Leah Litman expects the six Republican-appointed justices to uphold state bans on trans athletes, but the real danger is a ruling that Title IX not only permits but requires such bans — or an equal protection holding stripping trans people of meaningful judicial scrutiny in any context.

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