Statement on Trump v. Slaughter

Today’s Supreme Court decision on presidential removal power is one on which thoughtful conservatives reasonably disagree, as do our members. The Society for the Rule of Law nonetheless respects the Court’s decision and its authority to say what the law is.

The practical consequences of this ruling are clear: the president now exercises greater control over the executive branch than at any point in modern American history. This underscores the duty of the other branches to perform their constitutional functions, including checking and prescribing the limits of executive power. The President too must respect the authority of the other branches. In particular, he must defer to Congress’s legislative choices in order to execute the laws faithfully, as required by the Constitution.

Congress has always possessed the authority and the obligation to conduct robust oversight of the executive branch, including the agencies whose leadership structure this decision affects. It should jealously guard its powers and think twice before delegating them to the executive.

The courts, too, must remain vigilant against executive overreach. As recent events demonstrate, the judiciary cannot assume a good faith executive or trust that it will act with prudence and restraint. Courts also retain their full authority to review the substantive actions of those agencies under applicable statutes and constitutional limits.

Today’s ruling should also remind the American people that presidential elections have significant consequences and that power, once granted, must always remain under scrutiny of a liberty-minded people.

We congratulate our members of varying viewpoints who engaged in this landmark litigation in many ways, through incisive commentary and legal analysis, amicus briefs, and vigorous debate at our annual summit. In particular, we acknowledge our member Amit Agarwal for personally arguing on behalf of the plaintiff.

The Society for the Rule of Law will continue to advocate for the vigorous exercise of all three branches’ constitutional responsibilities and the essential checks and balances that prevent them from exceeding their respective mandates.