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Supreme Court deals 3 losses to Trump & one big win · THE DAILY BRIEF

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  Speaker 1: Of the US Supreme Court handed down two yes, two
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  Speaker 1: key decisions on presidential power and the firing of people
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  Speaker 1: from government agencies. Justice is ruled that President Trump does
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  Speaker 1: not have the constitutional authority to fire Lisa Cook, a
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  Speaker 1: governor from the Federal Reserve Board, but the.
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  Speaker 2: Court backed the president's power to terminate Rebecca Slaughter, a
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  Speaker 2: Democratic appointee to the Federal Trade Commission. This ruling grants
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  Speaker 2: more presidential power over federal agencies that are considered independent.
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  Speaker 2: It overturns ninety years a precedent. CN in Chief Legal
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  Speaker 2: Affairs correspond to Paula. Reid is right outside the Supreme Court.
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  Speaker 2: So Paula walk us through the significance of these decisions.
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  Speaker 3: Today, Pamela, these are such incredibly significant decisions. In many ways,
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  Speaker 3: these will be some of the defining opinions of the
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  Speaker 3: Roberts Court because they get to this question that has
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  Speaker 3: been hanging over the second Trump term, which is are
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  Speaker 3: there any limits to his ability to fire federal officials?
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  Speaker 3: And here they give us some insight. While President Trump
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  Speaker 3: and his lawyers believe in something called a unitary executive
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  Speaker 3: theory and that the executive should be able to fire anyone,
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  Speaker 3: they want any way they want. Here are the justices
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  Speaker 3: put a few a few limits on that in the
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  Speaker 3: one case they ruled, and it's a really interesting group
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  Speaker 3: that was in this majority opinion. It's Chief Justice John Roberts,
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  Speaker 3: Justice Kavanaugh, and the three liberals all ruled that he
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  Speaker 3: cannot fire an official in the Federal Reserve without going
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  Speaker 3: through a process getting that individual an opportunity to respond.
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  Speaker 3: That there are some limits on his power when it
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  Speaker 3: comes to firing officials at that agency. Now that is
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  Speaker 3: one that his core has always been recognized as being
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  Speaker 3: independent of the White House. But in a separate case,
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  Speaker 3: when it comes to an employee at the Federal Trade Commission,
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  Speaker 3: that he does have the power to fire that individual
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  Speaker 3: because that is within the executive branch. And again, this
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  Speaker 3: is a significant decision because it's sort of drawing out
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  Speaker 3: the contours of the extent of his power to try
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  Speaker 3: to reshape the federal government through these mass firings. Now,
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  Speaker 3: President Trump wasn't clear how he was going to react
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  Speaker 3: to these decisions, and it's been a pretty mixed day
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  Speaker 3: for him overall at the Court, but he described this
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  Speaker 3: as quote a big win.
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  Speaker 1: I want to bring in our Chief Supreme Court analyst
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  Speaker 1: John Dscubic. Right now, John, like Pamela, like Paula, you
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  Speaker 1: were inside the court when these decisions came down. Give
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  Speaker 1: us a little sense of how that felt.
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  Speaker 4: Sure, Wolf, it's good to see you. The most important
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  Speaker 4: thing the justices did today was in the case involving
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  Speaker 4: Rebecca Slaughter of the Federal Trade Commission, Chief Justice John
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  Speaker 4: Roberts and the Conservative majority used that decision to roll
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  Speaker 4: back nearly a century of legal policy about the president's
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  Speaker 4: power to remove the heads of regulatory agencies. Now, in
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  Speaker 4: some ways this is going to sound kind of dry
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  Speaker 4: in our cane, but regulatory agencies are so important for
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  Speaker 4: how Americans live their lives. They they cover rules for
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  Speaker 4: you know, medical health. Nuclear power in this case is
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  Speaker 4: the Federal Trade Mission that was at issue, and we're
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  Speaker 4: talking about, you know, safeguarding consumer practices, antitrust issues. So
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  Speaker 4: that's that gives you a sense of all that's at stake.
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  Speaker 4: But this Court for many many years has really not
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  Speaker 4: appreciated is a congressional power to set these up and
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  Speaker 4: set up independent heads that the president can only remove
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  Speaker 4: for what's called for cause. That would be if somebody
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  Speaker 4: was actually found guilty of some sort of malfeasance or
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  Speaker 4: ineffectiveness in office. And that's what happened to Rebecca Slaughter.
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  Speaker 4: She was an appointee who had many more years left
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  Speaker 4: on her term. But President Trump when she came into
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  Speaker 4: when he came into office, said he wanted to remove her.
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  Speaker 4: He wanted the power to do that. And the Supreme
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  Speaker 4: Court has used that case to say, yes, President Trump
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  Speaker 4: can remove Rebecca Slaughter even though her term's not up,
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  Speaker 4: a Democratic appointee, and he can do that at the
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  Speaker 4: multitude of other in agencies that at one point, as
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  Speaker 4: I said, Congress had set up to be independent, to
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  Speaker 4: not be under the pressure of the president. That was
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  Speaker 4: a six' to three decision and after the chief who
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  Speaker 4: have had a special project here in trying to give
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  Speaker 4: the president much more robust power to not just hire,
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  Speaker 4: people but to. Fire just As sodomayora then read her
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  Speaker 4: descent from the bench and she, said this can go
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  Speaker 4: in one of two. Directions this can give you, know
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  Speaker 4: it can give the president more power and maybe he
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  Speaker 4: would be more, accountable or it could lead to. Chaos
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  Speaker 4: and she looked up at the spectators and she said
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  Speaker 4: something to the, EFFECT i can guess it which way will.
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  Speaker 4: Go maybe you can, too so. Well a dramatic case.
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  Speaker 4: Today it doesn't apply to The Federal, reserve as we
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  Speaker 4: saw With elisa cook, one but it, reserves it applies
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  Speaker 4: to a multitude of other agencies who perform a lot
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  Speaker 4: of safeguard safeguard functions across the.
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  Speaker 1: Country, Hi John, piscubik thank you very very.
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  Speaker 2: MUCH i want to go over To Paula reid now
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  Speaker 2: because there was another big ruling today Where justice is
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  Speaker 2: rejected A republican challenge to A mississippi law that allows
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  Speaker 2: the counting of some mail in ballots days after election.
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  Speaker 2: Day so certainly a blow To President trump and his
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  Speaker 2: efforts polity to reduce mail in balloting ahead of the
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  Speaker 2: mid term.
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  Speaker 3: Elections that's exactly, Right And, PAMELA i really do think
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  Speaker 3: this is one of the biggest cases of the. Term
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  Speaker 3: and it's notable that it came out against The trump
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  Speaker 3: administration because they've been arguing that if the law says
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  Speaker 3: that the election has to be held The tuesday after
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  Speaker 3: the First monday In, november ballots cannot be counted if
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  Speaker 3: they come in after, that and this was sort of
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  Speaker 3: a test. Case if they were able to succeed here
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  Speaker 3: and limit those ballots from being. Counted it was expected
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  Speaker 3: that they could potentially go on to challenge other forms of,
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  Speaker 3: voting not exactly on election, day in person, voting those
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  Speaker 3: kinds of. Things so it's notable here that they lost
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  Speaker 3: and the state Of, mississippi which does allow the counting
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  Speaker 3: of mail in ballots if they arrive after election as
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  Speaker 3: long as they are postmarked by election, day that that
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  Speaker 3: state won because this is something that is also, done
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  Speaker 3: and roughly a dozen other. States so this is a
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  Speaker 3: really significant case because we were watching this closely to
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  Speaker 3: see if The trump administration prevailed in this, case where
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  Speaker 3: else could they try to go to limit those voting.
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  Speaker 3: Opportunities so this is a significant loss for The Trump Justice.
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  Speaker 3: Department but there was.
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  Speaker 2: Also something else that happened at The High court this,
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  Speaker 2: morning The Supreme court declining to Hear President trump's appeal
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  Speaker 2: and The Egen carol sexual abuse. Case so what does
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  Speaker 2: this mean for the, President.
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  Speaker 5: Well this means that the one of Two Egen carroll
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  Speaker 5: cases is over. Right there were two verdicts people will
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  Speaker 5: remember for defamation and one of the cases involved alleged sexual.
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  Speaker 5: Assault the verdict that came out for five million dollars
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  Speaker 5: has now been. Upheld it's. Over Donald trump has to
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  Speaker 5: Pay Eging carrol five million dollars because The Supreme court
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  Speaker 5: declined to take the. Case they had actually postponed their
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  Speaker 5: decision whether they would take it or not for something
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  Speaker 5: like thirteen or fourteen or fifteen, times and then today
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  Speaker 5: they said we are not taking the.
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  Speaker 4: Case not.
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  Speaker 5: Surprising it doesn't have a real constitutional. Dimension, therefore the
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  Speaker 5: lower court ruling and the, verdict the five million dollar verdict.
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  Speaker 5: Stands Donald trump has to pay that To Eging. Carroll
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  Speaker 5: we still don't know what's going to happen with the
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  Speaker 5: other case which resulted in the eighty million dollar. Verdict
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  Speaker 5: that's still going through the appeals. Process But Donald trump
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  Speaker 5: does now have to like it or, not he has
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  Speaker 5: to cut a check To Eging carroll's nothing he can
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  Speaker 5: do about.
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  Speaker 6: It we have had quite a number of announcements in
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  Speaker 6: just the past. HOUR i want to turn first, though
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  Speaker 6: to perhaps the biggest, one which is The court's decision
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  Speaker 6: on The Federal reserve And Lisa cook certainly one of
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  Speaker 6: the biggest. Ones so what we have here IS scotus
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  Speaker 6: Rejecting President Donald trump's attempt to immediately Fire Lisa, cook
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  Speaker 6: but in a separate ruling actually expanding the president's power
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  Speaker 6: to fire, officials overturning here nearly a century old. Precedent
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  Speaker 6: so look and Cush Lisa cook. Aside here is, this
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  Speaker 6: in essence expansion of the president's.
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  Speaker 7: Powers oh, yes this is an extraordinary expansion of the president's.
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  Speaker 7: Powers AND i would flip the order of HOW i
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  Speaker 7: think about these. CASES i would start with the case
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  Speaker 7: involving The Federal Trade, commissioner because that basically stands now
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  Speaker 7: for the proposition that a ninety year old case that
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  Speaker 7: allowed for independent agencies to be created By congress has
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  Speaker 7: been overruled and the president now has wide ranging power it,
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  Speaker 7: seems to fire appointees of these independent what we're supposed
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  Speaker 7: to be independent bodies at. Will and so this was
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  Speaker 7: how The american regulatory state has been structured.
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  Speaker 8: For, many many.
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  Speaker 7: Years republicans And conservatives have wanted to overturn that structure for.
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  Speaker 7: Decades so this is a, major major victory for The Republican,
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  Speaker 7: party their policy, agenda their antro deregulatory, agenda and conservative legal.
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  Speaker 7: Activists The Lisa cook case represents WHAT i would describe
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  Speaker 7: an exception to that extraordinarily broad power that they've now Given,
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  Speaker 7: trump but it's a narrow. Exception it appears to apply
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  Speaker 7: just to The Federal. Reserve The Supreme courts conservatives claim
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  Speaker 7: that this distinction is based on the history of The.
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  Speaker 8: CONSTITUTION i don't find that.
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  Speaker 7: CREDIBLE i think this was largely driven by policy considerations
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  Speaker 7: and the extreme chaos that a ruling that Permitted President
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  Speaker 7: trump to Fire Federal reserve members would have. CREATED i
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  Speaker 7: think it's more a practical ruling than a legal philosophical,
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  Speaker 7: ruling which is a, problem BUT i think it helps
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  Speaker 7: explain the distinction from the.
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  Speaker 8: Outcomes.
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  Speaker 6: Yeah, Yeah and On Lisa, KOK i, mean The Supreme
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  Speaker 6: court said they're not letting The president proceed with removing
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  Speaker 6: her from The Federal, reserve but they did say that
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  Speaker 6: the case might go back to a lower court for due.
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  Speaker 6: Process so does that mean this could be set to.
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  Speaker 6: Continue it's not yet At.
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  Speaker 7: Dundale it could be set to continue unless The trump
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  Speaker 7: adminitiation backs off of.
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  Speaker 8: This in fpite of it has changed in.
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  Speaker 7: Terms of The president's interest in The Federal reserve since
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  Speaker 7: he was able to Appoint Kevin borsch as the new.
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  Speaker 7: Chair but you're correct the way that the decision comes,
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  Speaker 7: out it's as basically that there's some position in between
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  Speaker 7: with the government AND.
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  Speaker 8: Leasa cook had argued that they say that the court.
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  Speaker 7: Concludes and, says, well there has to be some sort
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  Speaker 7: of notice in hearing provided if the president wants to
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  Speaker 7: proceed to fire a Federal reserve member like, this it
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  Speaker 7: can't just be. Nothing so whether in to what extent
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  Speaker 7: it goes back and then moves forward for more proceedings
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  Speaker 7: really depends on whether The trump administration insists on continuing
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  Speaker 7: with this effort or maybe they just back off because
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  Speaker 7: they have gotten a, major major victory in THE ftc.
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  Speaker 6: Case, yeah let's turn to the announcement on mail in.
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  Speaker 6: Voting that decision something of a major blow To President,
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  Speaker 6: trump who we know who has been dogged in his
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  Speaker 6: targeting of mail in. Voting what did you make of
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  Speaker 6: that ruling and just give us the sort of broader
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  Speaker 6: context of how we've got.
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  Speaker 7: Here, yeah you, KNOW i agree with you that it
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  Speaker 7: was a sort of bit of surprise and it is
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  Speaker 7: a bit of a creation To trump' effort to really
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  Speaker 7: clamp down on mail in.
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  Speaker 8: Voting BUT i do think it makes sense to think of.
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  Speaker 7: This decision as it comes against the broader backdrop of
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  Speaker 7: The Supreme court's rulings in the areas of voting rights and,
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  Speaker 7: redistricting because within this same term we have seen The
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  Speaker 7: conservatives The republican appointees on The Supreme court dramatically watered
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  Speaker 7: down protections against discrimination in our voting rights areas and
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  Speaker 7: in redistricting areas and male male in. Balloting, Actually trump
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  Speaker 7: is a bit of an. Outlier The Republican party as
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  Speaker 7: an institution is either agnostic or in favor of mail in,
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  Speaker 7: voting particularly given the composition of their voters and the
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  Speaker 7: aging nature of their.
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  Speaker 8: Voters so this is
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  Speaker 7: Maybe a Repudiation, trump BUT i think this is probably
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  Speaker 7: where The Republican party wanted the pace to come out