Elena Kagan Warns Supreme Court 'Overriding' Congress to Give Trump a Win

[BumRushDaShow]

Source: Newsweek

Published Sep 22, 2025 at 3:59 PM EDT | Updated Sep 22, 2025 at 7:42 PM EDT


Justice Elena Kagan warned Monday that the Supreme Court is "overriding" Congress to hand President Donald Trump sweeping new powers over independent agencies. Her dissent came after the court, in a 6-3 decision, allowed Trump to fire Federal Trade Commission member Rebecca Slaughter while the justices consider whether to overturn a 90-year-old precedent limiting presidential removals.

The conservative majority offered no explanation, as is typical on its emergency docket, but signaled a willingness to revisit the landmark 1935 Humphrey's Executor ruling.

Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, said the court has repeatedly cleared firings that Congress explicitly prohibited, thereby shifting control of key regulatory agencies into the president's hands. "Congress, as everyone agrees, prohibited each of those presidential removals," Kagan wrote. "Yet the majority, stay order by stay order, has handed full control of all those agencies to the President."

Newsweek reached out to the White House for comment via email on Monday afternoon.

Read more: https://www.newsweek.com/kagan-supreme-court-congress-trump-win-ftc-2133934

[MrWowWow]

1. Democracy and the Constitution-I Once Knew Them Well.

Will we hang together or separately?

[no_hypocrisy]

2. By SCOTUS majority strengthening the powers of the Executive,

it simultaneously making the present make-up of Congress irrelevant. But not without a purpose. Bypassing Congress to make choices and law, this ruse allows Republicans (in the majority) from being held in account for unpopular (and unconstitutional) policies. And they can glide into re-election without offending the electorate.

What it comes down to: an inactive Congress is better for Trump than a democratic majority in either or both Houses.

[riversedge]

4. It was bad enough that the House, Senate and Presidency were Repugs, but the SC

is also controlled by Repugs. Damn!

[bluestarone]

13. Seems almost like these monsters (along with the supreme court) are thinking they will lose both houses in 2026, and

are planing ahead for this. There is no RECOURSE when the SC decides for TSF, no matter what OUR 2026 congress does.THEIR plan will go into effect!

[Javaman]

3. we ain't seen nothing yet.

wait till the midterms.

[mahina]

9. What do you think is going to happen? Thank you.

[Miguelito Loveless]

11. If past is prologue

The Orange Regime will sue any place it loses, and the SCOTUS will help him overturned elections which go against the Regime.

Trump and his billionaire owners are not going to give up power.

[Javaman]

12. One of two things

1. Orange idiot tries to declare some sort of fabricated state of emergency and suspend election. That on its own, if successful or unsuccessful, will completely fuck things up for a long while.

2. We have show elections. They will be so crooked and fixed, that it will fuck up things for a long while

There really is no happy outcome

Think of it this way, he’s not building a multimillion dollar ballroom just so someone else can use it

[Blues Heron]

5. The coup is unfolding according to plan. What do these corrupt bastards have up their sleeve?

[MoseShrute]

6. The sc will revisit this later

when a Dem is president. My question is which of the justices are named in the Epstein files? I’m betting on beer bong, Clarence and John Roberts. Alito is likely Captain Incel.

[SSJVegeta]

7. 3 conservatives need to be immediately impeached and removed ASAP

Hopefully January 2027

[FBaggins]

15. You think we can pick up 20 seats in the Senate next Fall?

There are only 22 Republican senate seats even up for election (and only four or five of them are considered even marginally competitive).

[SSJVegeta]

16. I think we can in the technical sense. It is still early FWIW

And I think the environment is very quickly turning into one where it is possible. No clue if it happens though.

I just know that when it comes to many new authoritarian regimes -especially during horrible economic times, it isnt uncommon to see a strong democratic backlash against the regime in the following elections (like Venezuelas legislative election that put the opposition in a 2/3rds majority. It did nothing though because the regime acted more swiftly to invalidate the legislature than the other way around). If we are so lucky, Democrats need to be ready pre-empt all attempts to invalidate their legislative body.

[FBaggins]

17. The largest swing in history was 12 seats

1946 and 1980

[SSJVegeta]

19. We are in unprecedented times. Anything can happen -even the bad stuff.

But the largest net gain was 15 seats in the 1958 midterms for Dems and that wasnt even nearly as bad as things are now -and we cant even comprehend how bad things will be in a year from now!

[lark]

8. The Christofascist 6 are doing everything possible to turn this country into an oligarchy.

They hate 20th century American values so much, they'd do anything to bring us back to our Puritan roots, where common people had no say in anything at all.

[Bayard]

10. Justice Kagan:

Thank you for shining a light on your corrupt colleagues and this administration. History will remember you well. Live long, and prosper.

[Wonder Why]

14. as well as justice, decency, honesty, ethics, morality, laws and the constitution.