Episode 176: Checks and Balances Upside Down

In these first months of his second term, President Trump has fired or attempted to fire thousands upon thousands of federal workers. Notable among those affected by this unprecedented flexing of executive authority are leaders of independent agencies. Peter Shane joins Lindsay Langholz to discuss two recent cases that have significant implications on our system of checks and balances and just how far the president is allowed to go when it comes to control over independent agencies.

Host: Lindsay Langholz, Senior Director of Policy and Program, ACS

Guest: Peter Shane, Distinguished Scholar in Residence and Adjunct Professor of Law, New York University School of Law; Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at The Ohio State University Moritz College of Law.

Link: Litigation Tracker: Legal Challenges to Trump Administration Actions, Just Security

Link: Lawfare

Link: Does Evidence Matter? Originalism and the Separation of Powers, by Cass Sunstein

Link: The Supreme Court's Fed Carveout: An Initial Assessment, by Lev Menand

Email the Show: Podcast@ACSLaw.org