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Supreme Court Upholds Trump’s Agency Removals and Transgender Ban as Birthright Citizenship Battle Returns

Presidential removals of regulators are reshaping executive power ahead of a Supreme Court review of Trump’s birthright citizenship order

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

  • Last Wednesday the court overruled lower-court orders to let the administration remove Consumer Product Safety Commission members without cause
  • The justices stayed injunctions against Trump’s transgender military ban, allowing it to remain in effect during continued legal challenges
  • In June the court narrowed the scope for nationwide injunctions, prompting several district courts to revisit challenges to executive policies
  • A Ninth Circuit panel on July 23 deemed Trump’s birthright citizenship executive order unconstitutional and sent the case back to the Supreme Court
  • The conservative majority has effectively sidelined the Humphrey’s Executor precedent, weakening independent agency protections and limiting judicial checks