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The Dictatorship

The Supreme Court’s conservative majority eyes more power for the president

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The Supreme Court’s conservative majority eyes more power for the president

WASHINGTON (AP) — Chief Justice John Roberts has led the Supreme Court ‘s conservative majority on a steady march of increasing the power of the presidency, starting well before Donald Trump’s time in the White House.

The justices could take the next step in a case being argued Monday that calls for a unanimous 90-year-old decision limiting executive authority to be overturned.

The court’s conservatives, liberal Justice Elena Kagan noted in September, seem to be “raring to take that action.”

They already have allowed Trump, in the opening months of the Republican’s second term, to fire almost everyone he has wanted, despite the court’s 1935 decision in Humphrey’s Executor that prohibits the president from removing the heads of independent agencies without cause.

The officials include Rebecca Slaughterwhose firing from the Federal Trade Commission is at issue in the current case, as well as officials from the National Labor Relations Board, the Merit Systems Protection Board and the Consumer Product Safety Commission.

The only officials who have so far survived efforts to remove them are Lisa Cooka Federal Reserve governor, and Shira Perlmuttera copyright official with the Library of Congress. The court already has suggested that it will view the Fed differently from other independent agencies, and Trump has said he wants her out because of allegations of mortgage fraud. Cook says she did nothing wrong.

Humphrey’s Executor has long been a target of the conservative legal movement that has embraced an expansive view of presidential power known as the unitary executive.

The case before the high court involves the same agency, the FTC, that was at issue in 1935. The justices established that presidents — Democrat Franklin D. Roosevelt at the time — could not fire the appointed leaders of the alphabet soup of federal agencies without cause.

The decision ushered in an era of powerful independent federal agencies charged with regulating labor relations, employment discrimination, the air waves and much else.

Proponents of the unitary executive theory have said the modern administrative state gets the Constitution all wrong: Federal agencies that are part of the executive branch answer to the president, and that includes the ability to fire their leaders at will.

As Justice Antonin Scalia wrote in a 1988 dissent that has taken on mythical status among conservatives, “this does not mean some of the executive power, but all of the executive power.”

Since 2010 and under Roberts’ leadership, the Supreme Court has steadily whittled away at laws restricting the president’s ability to fire people.

In 2020, Roberts wrote for the court that “the President’s removal power is the rule, not the exception” in a decision upholding Trump’s firing of the head of the Consumer Financial Protection Bureau despite job protections similar to those upheld in Humphrey’s case.

In the 2024 immunity decision that spared Trump from being prosecuted for his efforts to overturn the 2020 election results, Roberts included the power to fire among the president’s “conclusive and preclusive” powers that Congress lacks the authority to restrict.

But according to legal historians and even a prominent proponent of the originalism approach to interpreting the Constitution that is favored by conservatives, Roberts may be wrong about the history underpinning the unitary executive.

“Both the text and the history of Article II are far more equivocal than the current Court has been suggesting,” wrote Caleb Nelson, a University of Virginia law professor who once served as a law clerk to Justice Clarence Thomas.

Jane Manners, a Fordham University law professor, said she and other historians filed briefs with the court to provide history and context about the removal power in the country’s early years that also could lead the court to revise its views. “I’m not holding my breath,” she said.

Slaughter’s lawyers embrace the historians’ arguments, telling the court that limits on Trump’s power are consistent with the Constitution and U.S. history.

The Justice Department argues Trump can fire board members for any reason as he works to carry out his agenda and that the precedent should be tossed aside.

“Humphrey’s Executor was always egregiously wrong,” Solicitor General D. John Sauer wrote.

A second question in the case could affect Cook, the Fed governor. Even if a firing turns out to be illegal, the court wants to decide whether judges have the power to reinstate someone.

Justice Neil Gorsuch wrote earlier this year that fired employees who win in court can likely get back pay, but not reinstatement.

That might affect Cook’s ability to remain in her job. The justices have seemed wary about the economic uncertainty that might result if Trump can fire the leaders of the central bank. The court will hear separate arguments in January about whether Cook can remain in her job as her court case challenging her firing proceeds.

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The Dictatorship

Trump orders signs warning of ‘inaccurate information’ at Smithsonian museum

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Trump orders signs warning of ‘inaccurate information’ at Smithsonian museum

If President Donald Trump gets his way, the first thing visitors to the Smithsonian’s National Museum of American History will be greeted with are signs warning them that because of “inaccurate information presented in the Museum” they should seek “accurate information” elsewhere.

The president on Friday ordered the installation of temporary “warning” signs on the museum’s sidewalks, marking a major escalation in his campaign to pressure the Smithsonian Institution to rewrite American history to better align with his administration’s ideology.

The executive order directs Interior Secretary Doug Burgum, Office of Management and Budget Director Russell Vought and several other Cabinet officials to utilize “all available authorities to encourage” the Smithsonian Institution to “correct the issues found” in a scathing  White House reportreleased on July 4 that accused the museum of “extreme political activism” and claimed it “cannot be trusted to tell America’s story honestly and in a way that is inspiring, unifying, and worthy of our great republic.”

The sidewalks and walkways outside of the popular museum, which welcomes just shy of two million visitors annually, are federal property controlled by the National Park Service. The signs would “notify visitors that the Museum exhibits should be renovated consistent” with the findings of the July 4 report. They would also “direct visitors to locations and resources for accurate information regarding America’s history.”

Trump also accused the museum of failing to “to appropriately honor the 56 signers of the Declaration of Independence during this 250th anniversary year of the founding of our country,” and instructed Burgum to install “temporary exhibits” on Smithsonian walkways to correct “inaccurate information presented in the Museum.”

“The Report demonstrates that the Smithsonian leadership does not present American history as a shared national inheritance to be taught and celebrated, but instead views American history as a ‘prime tool’ to advance ideas of social justice and the radical transformation of our society,”according to the newly signed executive order.

The signage order followed a week of congressional testimony by Smithsonian officials in hearings called by House Republicans in response to the White House report. Anthea Hartig, head of the National Museum of American History, was grilled over her patriotism and dedication to country.

Hartig said the White House report “does not fairly characterize the full body of work of this museum.” And under questioning from GOP lawmakers she reaffirmed her allegiance to her country multiple times, at one point answering, “I love this country unconditionally.”

The report, oversight hearings and signage demand compound more than a year of the Trump administration’s pressure campaign against the world’s largest museum, education and research complex. In March 2025, Trump signed an executive order that vowed to strip federal funding from Smithsonian programs that present what he viewed as “improper, divisive, or anti-American” ideology.

The Trump administration has since threatened to withhold federal funding from the Smithsonian Institution unless a number of its museums submit documentation for an expansive content review.

Sydney Carruth is a breaking news reporter covering national politics and policy for MS NOW. You can send her tips from a non-work device on Signal at SydneyCarruth.46 or follow her work on X and Bluesky.

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Trump threatens full-scale war as his tariffs take hold and gas prices soar

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As his new tariffs went into effect and gas prices climbed on Saturday, President Donald Trump said he’s not ruling out a full-scale war.

In a phone interview with French journalist Sonia Dridi, Trump said he’s “absolutely” considering resuming full-scale war with Iran if the U.S. doesn’t “get 100% of what we want.”

The president told reporters in the Oval Office on Friday the U.S. is “talking” to Iran, adding that he believes Iran is “getting more and more serious as the days go by” but  “that doesn’t mean we get there.” Friday night was the first in 13 consecutive nights that the U.S. did not strike Iran.

The national average gas price rose slightly Saturday to $4.11 a gallon as Trump’s newly imposed tariffs on goods from more than 80 countries threatened to heap further financial strain on Americans ahead of the midterms. The reporter said when she asked Trump whether he would follow through with his threat to levy “substantial” new tariffs on the European Union, which he has accused of “robbing” American tech companies, he declined to comment.

The tariffs, which took effect Friday and have already been challenged in court, could cost American households an extra $1,100 annually, according to an analysis by The Budget Lab at Yale University. That comes at a time when consumers are already shelling out more for necessities, including gas and groceries, as the Iran war drives inflation and energy prices upward.

Gas price averages in the United States surpassed $4 a gallon on July 20 for the first time in more than a month as fighting in the Iran war escalated following the collapse of a temporary ceasefire agreement between the U.S. and Iran, which the White House billed as a significant step toward substantial nuclear negotiations and a permanent peace deal.

With the war soon to enter its sixth month, there has been little public progress on an agreement between Washington and Tehran to open the Strait of Hormuzthe vital trade waterway that has become a major source of contention since the war began on Feb. 28. Iran declared the strait closed “until further notice” earlier this month, and the U.S. military’s bid to forge an alternate route for shipping oil and other goods along Oman’s coast has been hamstrung by new threats.

In the middle of it all, Americans are feeling the pain.

More than half of Americans reported feeling more stressed about their finances than they were one year ago in a quarterly CNBC and SurveyMonkey survey released last week. Optimism for a better financial outlook was low, too, with half of Americans reporting they believe the U.S. economy will worsen over the next year because of international turmoil, government policy and the rising cost of living.

Patience with the economic cost of the president’s military campaign in Iran has slipped in recent polling, even among Trump’s most ardent supporters, with 37% of self-identified MAGA Trump voters saying the U.S. should only continue the war if it does not further increase costs, according to a POLITICO poll published on July 22. In May, half of Trump’s base thought the war was worth its economic costs.

While the White House has taken steps to address the prices at the pump as the midterms approach, Trump himself has so far done little to publicly address the financial pain Americans are feeling.

And his latest effort to resurrect his global tariff regime following the Supreme Court’s February strike down of his “liberation” day tariffs threatens to add insult to injury. The latest tariffs apply to countries that make up 99.4% of U.S. trading partners. Brought under Section 301 of the Trade Act of 1974, which enables the government to levy import taxes in response to unfair trade practices, the tariffs range from 10% to 12.5%.

The Liberty Justice Center, the legal nonprofit that represented the plaintiffs in the successful challenge of Trump’s International Emergency Economic Powers Act tariffs, is leading a new lawsuit challenging his authority to levy the Section 301 tariffs.

Emily Hung contributed to this report.

Sydney Carruth is a breaking news reporter covering national politics and policy for MS NOW. You can send her tips from a non-work device on Signal at SydneyCarruth.46 or follow her work on X and Bluesky.

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Troy Jackson wins Maine nomination, kicking off sprint to beat — or lose to — Susan Collins in 101 days

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Maine Democrats on Saturday swapped out a scandal-ridden candidate in a critical Senate race for a replacement that gives them a chance to win in November.

That was the easy part.

This fall’s midterm elections will give Democrats potentially their best window yet at unseating Republican Sen. Susan Collins, a moderate lawmaker who defied expectations six years ago when she won her seat once again. Now whether or not Democrats can defeat her could be the difference between the party having a chance taking back the Senate for the final two years of Donald Trump’s presidency, or struggling to make a dent in his agenda.

“In November, we will defeat Susan Collins and win a Senate majority,” Senate Minority Leader Chuck Schumer and Democratic Senatorial Campaign Committee Chair Sen. Kirsten Gillibrand said in a joint statement after Maine Democrats chose their replacement candidate.

Concerns about Graham Platner, the man Maine Democrat primary voters had picked to run against Collins, were apparent even before a woman accused him of sexual assault earlier this month. While Platner issued a denial, he soon left the race which led to a frantic and hastily assembled campaign to find a replacement.

That alternative is former state Senate President Troy Jackson, who won over the necessary support needed to become the  party’s chosen candidate. Schumer and Gillibrand said Jackson has “harnessed the grassroots energy in Maine and is well-positioned to defeat Susan Collins, who is more vulnerable than she has ever been.”

At Saturday’s event, Jackson railed against Collins as he highlighted the plight of working Mainers crushed by rising costs while “billionaires and corporations rigging this economy keep getting richer.”

“Collins has told Maine that she is concerned,” Jackson said in his victory speech, telling the Democrats who rallied around him that “concern does not restore all the rights that she’s taken away. Maine does not need another six years of concern. We need someone with courage. We need a fighter.”

Work to keep Collins in office however, has been underway for months, leaving Democrats with an element of catching-up to do.

“I don’t think they have enough time to put together a coherent campaign. I really don’t. And the candidate who now is in that driver’s seat is maybe not as flawed, but has many flaws,” said Jim Deyermond, chairman of the Maine GOP.

The GOP’s Senate Leadership Fund on Saturday detailed a six-figure ad campaign against Jackson, whom the super PAC labeled a “deranged and scandal-plagued political insider.”

A spokesperson for the Republican National Committee issued a statement calling Jackson a “Platner apologist, a radical Bernie Bro, and a walking red flag displaying all the warning signs of the early days of the Platner campaign.”

Collins is something of an enigma in her party. She’s the only New England Republican in Congress, someone who can be viewed as both a moderate lawmaker and a reliable Republican when needed. She’s one of the few Republicans left in Congress who voted to hold Trump accountable after the Jan. 6, 2021, attack on the Capitol, and possibly the only member of the GOP that could hold on to this seat in this cycle’s partisan environment.

And in politics, sometimes forces other than a candidate’s campaign messaging are what makes the difference.

“Even though we’ve got only a few days with this new candidate, the momentum was there. The education of the voters about why this is about the majority in the Senate and stopping Donald Trump and all those kind of things, has already been happening,” Maine Democratic Rep. Chellie Pingree said. “I think because they’re such central themes to this particular campaign, it’s less about, do you know the candidates, in a way.”

Platner’s initial success in the primary could be a challenge as well. In his Bernie Sanders-backed campaign, Platner attempted to strike an everyman political tone that helped him stand out and chase the favored pick of Democratic leadership, Gov. Janet Mills, from being viable well before last month’s primary.

While Jackson is politically aligned with Platner and has a legislative record he also carries a less polished approach that saw him finish third in June’s primary for governor. He also has a patchwork record in terms of political leanings over his decades-long career in public life, yet has the union bonafides and experience as a logger that helped him quickly stand out in the rush to replace Platner, which could make all the difference in November against Collins.

There’s also a level of past embarrassment in Maine for Democrats after they failed to capitalize on national momentum during the 2020 cycle. While Democrats won back the Senate by the thinnest of control, it wasn’t with Maine’s help. Collins, running for re-election during the pandemic, was able to defeat Democratic challenger Sara Gideon by more than 8 points to win a fifth term even when many polls showed her losing up until the real test of election day.

Republicans have a candidate in Collins who has shown the ability to defy normal partisan trends, even if this year proves to be the toughest re-election race of her career.

“I don’t know that I can give you a prediction on exactly how much it’s going to cost, but it’s going to be over a $200 million race, and Republicans are going to win it. Probably still get outspent,” said Jason Savage, senior political adviser with Maine’s Republican Party.

Democrats are hoping that the political anger toward the incumbent president’s party that typically encapsulates a midterm will help make the difference this time around. But losing the Senate race here remains a real possibility for the party, especially given the Platner debacle. Maine is a unique place, with a makeup of people that hasn’t minded defying leading Democrats logic as of late.

That’s shown by Democratic congressman Jared Golden, a moderate who made a name for himself by siding against his own party during his time in office. It’s an approach that helped him hold on to his district despite Republicans eagerly trying to see him lose.

Golden’s not running this time around. He likely would have been a formidable Senate candidate had he chosen to enter the fray. Jackson, and his allies in Maine, have a tight window to both endear him to the party’s Democratic coalitions, and try to win over the voters who have sided with Collins in the past but could be open to going against her this fall.

That’s the complexity within the challenges of a campaign with roughly 100 days to make its case.

“I guess they could just look back at my last four campaigns,” said Golden, who won his competitive seat four times despite national Republican attention. “There’s a nice little roadmap there.”

Mychael Schnell and Olympia Sonnier contributed to this report.

Hunter Woodall covers politics for MS NOW. He’s reported on politics and presidential campaigns for The Associated Press and CBS News and reported on Congress for The Minnesota Star Tribune.

Chris Jansing

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