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Supreme Court Accelerates Trump’s Regulatory Rollbacks With Interim Orders

Liberal justices say the unsigned emergency rulings are eroding agency independence by bypassing lower courts

Justices of the US Supreme Court during a formal group photograph at the Supreme Court in Washington, DC, US, on Friday, Oct. 7, 2022. Seated from left: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. Standing from left: Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson. The court opened its new term Monday with a calendar already full of high-profile clashes, including two cases that could end the use of race in college admissions. Photographer: Eric Lee/Bloomberg via Getty Images
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Overview

  • On July 23 the Court issued an interim stay overruling district and appellate injunctions to allow President Trump to remove Consumer Product Safety Commission members confirmed by the Senate.
  • Earlier orders in May let the administration fire National Labor Relations Board and Merit Systems Protection Board members, effectively overturning the nearly century-old Humphrey’s Executor precedent.
  • On July 14 the justices declined to block directives to dismantle the Department of Education, clearing the way for staff cuts and eventual agency shutdown without congressional approval.
  • The Court’s unsigned emergency rulings have also upheld the administration’s authority to deport migrants to third countries despite concerns over safety and lack of citizenship ties.
  • Liberal justices have issued scathing dissents, warning that these measures undermine judicial checks and threaten the separation of powers.