Originalist 'Bombshell' Complicates Case on Trump's Power to Fire Officials

[SupportSanity]

Source: nytimes.com

The Supreme Court will hear arguments in December about whether President Trump can fire government officials for any reason, or no reason, despite laws meant to shield them from politics.

There is little question that the court will side with the president. Its conservative majority has repeatedly signaled that it plans to adopt the “unitary executive theory,” which says the original understanding of the Constitution demands letting the president remove executive branch officials as he sees fit.

But a new article, from a leading originalist law professor, has complicated and perhaps upended the conventional wisdom. The legal academy treated the development like breaking news.

“Bombshell!” William Baude, a law professor at the University of Chicago who himself is a prominent originalist, wrote on social media. “Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation” of the Constitution.


Read more: https://www.nytimes.com/2025/10/13/us/politics/originalism-trump-supreme-court-unitary-executive.html

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Might be problem for Trump on his quest for power. The Supreme Court respect this scholar's opinion and have taken his advice before.

Link to archived article:
https://archive.ph/qeqvR#selection-677.0-709.141

[durablend]

1. Even if they rule against him, he'll do it anyway

"WHO'S GONNA STOP ME?"

[rampartd]

2. "unitary executive theory" is so fringe

how can they possibly deny the "originalist" theories of separation of powers and "checks and balances"

[MLWR]

4. "unitary executive theory" is merely pulled out when they need an excuse for their off-the-wall, partisan BS.

[rampartd]

5. their only real originalism is their weird idea that trump can never lose.

i'd like to see which of epstein's girls trump has on video with a justice.

[angrychair]

6. Exactly

We are, very literally, rewriting the definition and understanding of the Constitution held by 98% of people throughout the world: that the US has three separate but coequal branches of government.
This SCOTUS has, essentially, broken our government and I don't know that it can be fixed.

[rampartd]

7. can it be fixed?

i was in olongapo the day ms aquino overthrew marcos' father. i hope to see such joy again. (flashback to munchkin land after the tornado.)

but notice marcos jr is back. this is a distinct problem with our form of constitution.

[Beartracks]

9. Pfft. Republicans think checks and balances only apply when a Democrat is President. n/t

[rampartd]

10. "any election we real 'mercans lose must be rigged" krasnov

they deny the legitimacy of any dem.

[Beartracks]

11. Republicans deny the legitimacy of reality!

[MLWR]

3. The six fascist Enablers are becoming completely, totally predictable.

They don't deserve the title of "justices." They are just partisan, kiss@$$ hacks.

[Username1234]

8. Consistency and hypocrisy are not issues for those who govern us