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President Trump Set for HUGE Victory Against the Deep State

What could be the defining play against the often-untouchable administrative Deep State is on the docket.

This knockout punch to the left-leaning bureaucracy in US federal agencies is coming as the Supreme Court questions the weight of legal precedent in and of itself. (We’ll get to that!)

But the high court is also preparing to take a fresh look at a case that has been used since the 1930’s to LIMIT the power of the Executive Branch beyond what the founders — or the Constitution — established.

The question is something that has come up dozens and dozens of times during President Trump’s current administration.

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Does the EXECUTIVE have the power to fire those holding positions within federal agencies operating under the auspices of the Executive Branch?

The obvious answer hasn’t been “the” answer since 1935…

But that may all be about to change.

The political earth began to shake a week ago when the Supreme Court ruled in favor of the Trump Administration’s emergency petition to ALLOW the President to fire the Commissioner of the Federal Trade Commission.

In that ruling, SCOTUS not only agreed to allow the firing of Rebecca Slaughter to stand.

But also to reconsider whether the 90-year-old precedent that would limit the firing power of the President is actually Constitutional — as CNBC reported a week ago as that emergency ruling came down:

As that report indicated, the former FTC Commissioner remains FIRED.

And the Supreme Court is now posed to question more than just her firing.

They are taking up the question of whether or not the President has the power to fire those serving on so-called ‘Independent’ federal agencies under the auspices of his Constitutional Executive authority.

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In essence, they are preparing to rule on whether or not the PRESIDENT can exercise all the AUTHORITIES of the President — as reported by Fox News:

The Supreme Court is set to reexamine a landmark decision about the president’s ability to fire members of independent agencies, and the outcome could expand executive power and have far-reaching implications.

The high court revealed in an order last week it would revisit Humphrey’s Executor v. United States, a 1935 decision that Hans von Spakovsky, a legal fellow at the conservative Heritage Foundation, said is now on “life support.”

The Supreme Court’s decision came in response to a challenge from a Biden-appointed FTC commissioner whom President Donald Trump fired at will after taking office.

The high court said in a 6-3 emergency decision Trump’s termination of the commissioner, Rebecca Slaughter, could remain in place for now while it uses her case to take on Humphrey’s Executor, which centered on an FTC firing under President Franklin D. Roosevelt. The high court found Roosevelt could not fire a commissioner without cause.

Joshua Blackman, a professor at South Texas College of Law, told Fox News Digital that if Humphrey’s is overturned or narrowed, it will likely also apply to other agencies that have statutory protections against firings designed to preserve their independence.

“I think this ruling will necessarily reach beyond the FTC,” Blackman said.

Ruling in Trump’s favor would help the president and his conservative allies realize their stated goal of achieving a unitary executive, a theory that says the president should have sole control over the executive branch.

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And just as that fight is gearing up in the high court, arguably the strongest conservative voice on that bench is weighing in.

And this is a clear indicator that the Humphrey’s Executor vs United States decision of 1935 that effectively STRUCK DOWN certain Executive Powers from the Executive Branch stands a legitimate chance to be overturned.

Justice Clarence Thomas has been very vocal recently about the need to recognize that legal precedent should not be considered somehow holy and off-limits to questioning.

In fact, he VERY RECENTLY said that precedent should not be considered to be “the gospel”:

If the stance of Clarance Thomas was the only indicator the Supreme Court might be prepared to overturn that 90-year precedent…

I might be inclined to ignore it as a conservative fantasy.

But the fact that the court allowed Slaughter’s firing last week means there is at least a strong leaning throughout the SCOTUS Justices towards that same end.

For his part, Clarence Thomas is not beating around the proverbial bush.

He is very clearly calling for a pushback against the unthinking adherence to legal precedent just as this issue ramps up, according to this report from ABC News:

Justice Clarence Thomas said the Supreme Court should take a more critical approach to settled precedent, saying decided cases are not “the gospel” and suggesting some may have been based on “something somebody dreamt up and others went along with.”

The Court is poised to revisit Humphrey’s Executor v U.S. — a 90-year precedent that limits a president’s ability to remove members of some independent federal agencies without cause.

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“At some point we need to think about what we’re doing with stare decisis,” Thomas said Thursday, referring to the legal principle of abiding by previous decisions. “And it’s not some sort of talismanic deal where you can just say ‘stare decisis’ and not think, turn off the brain, right?”

The Court’s senior conservative suggested that some members of the Court over the years have blindly followed prior judgments, comparing them to passengers on a train.

“We never go to the front see who’s driving the train, where is it going. And you could go up there in the engine room, find it’s an orangutan driving the train, but you want to follow that just because it’s a train,” Thomas said.

“I don’t think that I have the gospel,” he said, “that any of these cases that have been decided are the gospel, and I do give perspective to the precedent. But it should — the precedent should be respectful of our legal tradition, and our country, and our laws, and be based on something, not just something somebody dreamt up and others went along with.”

As usual, Thomas’ ability to cut to the heart of the principles at play is unparalleled.

Precedent matters in judicial proceedings, but it shouldn’t be an automatic trigger to cause a judge to turn off their thinking caps just because some judge ruled on some issue in the past.

That… is exactly the sort of mechanism by which we LOSE OUR FREEDOMS.

Tyler O’Neil, a senior editor at the Daily Signal, dropped a GREAT thread on X recently on that danger, specifically regarding this case.

Here’s his clear-cut explanation of how the Trump Administration is putting the “Deep State On Notice”.

And how the unconstitutional 1935 decision of Humphrey’s Executor vs the United States put us on a collision course with the current Deep State:

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As O’Neil pointed out in that AWESOME thread…

The 1935 judgement behind Humphrey’s Executor “flipped the genius of the Founders upside down”.

It took a limited — but selectively powerful — government with the proper amount of checks and balances as to limit tyranny from within the branches without DENYING the branches the ability to root out treasonous cancers within the government as a whole…

And created exactly the sort of conditions for those treasonous cancers to grow, unchecked.

There’s no guarantee the Supreme Court will side with those who are looking to “Make America Great Again” by cutting out those cancers and changing the conditions that formed them in the first place.

But considering this may well be the biggest mark President Trump could possibly leave on the country…

I wouldn’t be surprised if he pulls it off, and saves the Republic.

And if he does, I want it duly noted for the court that, YES — I voted for that!


 

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