Sai Prakash on Slaughter and Cook
Notes de l’épisode
Jack speaks with University of Virginia School of Law Professor Saikrishna Prakash about the implications of the Supreme Court’s decisions in Trump v. Slaughter and Trump v. Cook. They discussed the breadth of the holding in Slaughter; its implications for the president’s control over inferior officers, civil servants, and non-Article III courts; and its broader import for the non-delegation doctrine, the major questions doctrine, and other mechanisms that could constrain the now-more-broadly-empowered unitary executive. They also discussed the validity of the carve-out in both cases for the Federal Reserve.
Relevant reading:
- “The Executive Power of Removal” by Aditya Bamzai and Saikrishna Bangalore Prakash (Harvard Law Review, 2023)
- “New Light on the Decision of 1789” by Saikrishna Prakash (Cornell Law Review, 2006)
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