Quote · The Megyn Kelly Show
Barrett and Roberts Side with Libs at SCOTUS, Woke Wiener Harassed, and "Supergirl" Bombs, with Mike Davis and Stu Burguiere | Ep. 1349
Where this was said
SCOTUS Double Standard: FTC vs. Federal Reserve Firing Power
At 16:25 · chapter starts 16:00
The conversation turns to a pair of SCOTUS rulings released simultaneously — a move Davis dubs 'very chiefy' as a signal of Roberts's institutional strategy. The first ruling is a major conservative win: the court overruled Humphreys Executor 6-3, dramatically expanding the president's power to fire executives at so-called independent agencies including the FTC, NLRB, Nuclear Regulatory Commission, and Consumer Protection Bureau. Davis praises the six conservatives for holding the line on this one. But the second ruling — involving Fed Governor Lisa Cook's firing — delivered a 5-4 shock: the court held that Federal Reserve Board governors occupy a special constitutional category that limits presidential removal power. Davis and Kelly struggle to explain this distinction, joking that the Fed must live in a 'magical Article 7' alongside the Kennedy Center and August recess as Washington's 'three sacred cows.' Kelly notes that the Lisa Cook case is not over — the court only blocked her firing during the pendency of her lawsuit — and reads Trump's statement that he'll take further action to ensure 'someone who has committed wrongdoing' is not making vital economic decisions. [1] — Mike Davis "The same Supreme Court term produced two contradictory rulings: Trump can fire executives at the FTC, NLRB, and 18 other agencies, but can'…" 16:08 [2] — Mike Davis "Humphreys Executor overruled 6-3: The Supreme Court overruled Humphreys Executor 6-3, significantly expanding the president's power to fire…" 16:24
The same Supreme Court term produced two contradictory rulings: Trump can fire executives at the FTC, NLRB, and 18 other agencies, but can't fire Federal Reserve governors. Mike Davis jokes there must be a secret 'Article 7' creating a fourth branch of government — because the Constitution certainly doesn't explain the distinction.
The Supreme Court overruled Humphreys Executor 6-3, significantly expanding the president's power to fire executives at independent federal agencies like the FTC.
A separate 5-4 ruling held that Federal Reserve Board governors have special status and the president cannot fire them as freely as executives at other independent agencies.
The Supreme Court ruled 5-4 that ballots postmarked by Election Day can be received and counted up to 5 business days later, upholding a Mississippi law.
Trump cited five Republican Senate holdouts — Murkowski, Collins, Tillis, Cassidy, and McConnell — who oppose the SAVE Act requiring voter ID and proof of citizenship.