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Reason
Reason
Politics
Ilya Somin

Caleb Nelson's Originalist Critique of Unitary Executive Theory

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The Supreme Court seems likely to embrace "unitary executive" theory (UET) in its upcoming case in Trump v. Slaughter, at least in so far as that theory mandates that the president have the power to fire lower-level executive branch officials with any significant policy discretion. It already strongly hinted in that direction in its May "shadow docket" decision in Trump v. Wilcox (though it also suggested the Federal Reserve is an exception to the rule).

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