TRUMP V SLAUGHTER – A CRUCIAL SCOTUS DECISION THAT HANDS THE TRUMP REGIME THE KEY TO DICTATORIAL POWER

 

My thanks to Martin "Mick" Andersen for sharng this illustration

Anyone who still cares, even a little, about how the Trump Era is undermining democracy and turning the US into an authoritarian regime, with the aid and comfort of the six so-called “conservative” justices on the Supreme Court, need only read the brilliant dissent of Justice Sonia Sotomayor, in the case of Trump v Rebecca Kelly Slaughter, with which her liberal democratic colleagues, Justice Elena Kagan and Justice Ketanji Brown Jackson both concurred.

In summary, this is the issue, which is now  a legal precedent, thanks to the six far-right justices and their apparent Project 2025 agenda: The Court’s majority decision in Trump v Slaughter has effectively handed Donald Trump the blueprint for authoritarian rule by dismantling any and all independent oversight over the Executive Branch, thus enabling the transformation of any office of the federal government into a patronage system based on personal loyalty to the supreme leader, rather than on constitutional duty and service to the people of the United States.

Hitler himself could not have come up with a better surrender of the judiciary to the whims of the Führer than Trump v Slaughter. And indeed, history tells us (if anybody bothers to read it, nowadays) that Hitler was unable to establish complete dictatorial control over power in Germany until he managed to compromise the judiciary. He did this by systematically dismantling the independence of Justice, and turning it into a vindictive tool of the Nazi state. This was achieved through a combination of purges, institutional restructuring, and ideological subversion, often carried out in the guise of legality. Sound familiar?

Trump is having an easier time of it, because in nearly every major decision that reverberates in increased Executive power, this Supreme Court has had Trump’s back. It began with a decision  that made him immune to prosecution even if he commits indictable crimes in office. This was the same sort of lenient appeasement that permitted him to run for president again in 2024, despite having been found guilty by a jury of his peers of thirty-four felonies, as well as having been indicted on numerous federal charges, which were forcibly dropped when he won a second term.

A 'friend' of the Court

In the specific case of Trump v Slaughter, what the majority of the Court (ahistorically and undemocratically) posits is that, as president, Trump has the executive authority to fire without cause anyone and everyone that he feels like firing in the federal bureaucracy. This includes what until now have been independent agencies that were not subject to political influence. In particular, it includes Justice Department employees, federal regulators, and inspectors general and their offices, whose job descriptions as such have always, logically, included independence from all political considerations. That is because one of the main specific jobs of these State bureaus is to keep administrations honest by holding them to standards that have historically foiled corruption and despotism.

In her scathing dissent, Justice Sonia Sotomayor slammed the Court’s decision for making President Donald Trump even more powerful than a king. “No Kings” has never had greater significance, since the Supreme Court decision on Trump v Slaughter is a slap in the face to the great majority of Americans who have been seeking to remind the nation through massive public demonstrations that the Founders’ main premise for rebellion was rejection of absolute monarchies and the abuses they encompassed. One of the main founding principles of the Republic was, then, the definitive rejection of kings and the embracing of representative democracy with three co-equal branches of government.

Instead, the Supreme Court’s conservative majority has scrapped Humphrey’s Executor v United States—a precedent that empowered Congress to limit a president’s ability to fire officials at independent federal agencies—and has allowed Trump to remove Rebecca Slaughter, a Democratic commissioner on the Federal Trade Commission.

According to Sotomayor and her two liberal colleagues, “The text of the Constitution, along with its history, the longstanding practices of the political branches, and the precedents of this Court, make clear that Congress may limit the causes for which the heads of Commissions like the FTC can be removed by the President…In holding otherwise, the Court gives the President a power unknown even to the English Crown against which the Founders revolted, elevating him above his once-coequal branches by transforming a duty to take care that the laws be faithfully executed into a license to act in defiance of those very laws.”

Sotomayor warned that the Court’s majority decision has just made Trump even more powerful than the despotic English monarch against whom the US colonies revolted, since, back then, the British Parliament “often restricted the Crown’s ability to remove even high-level royal officers.”

Sotomayor argued that there was simply no way that the decision in Trump v Slaughter could be considered constitutional. So true was this, she wrote, that the country’s founding Framers had clearly “never intended to give the President the complete set of powers that the English Crown held, let alone more.”

In effect, this hijacked Supreme Court’s decision in Trump v. Rebecca Kelly Slaughter will surely be remembered historically not as a simple technical dispute over a president’s power to remove a specific federal employee, but rather, as the most consequential transfer of constitutional authority to the Executive in American history. By overturning nearly a century of precedent established in Humphrey's Executor v. United States, the Court’s conservative majority dramatically expanded presidential authority over independent federal agencies—institutions specifically designed by Congress, ironically enough, to restrain executive overreach.

In authoring the liberal democratic dissent, Justice Sotomayor fully recognized the gravity of what had occurred. Her warning was not procedural or technical. It was constitutional and structural.

Her central argument can be summarized simply: The Court has now given the president (this president and thus all presidents in the future) power over institutions deliberately designed to remain independent from the Oval Office.

Capturing the full force of the danger to which this situation exposes American democracy, she wrote: “The result is a President who emerges with far greater power than ever before. It is a power, however, that neither the People, nor Congress, nor the Constitution bestowed upon him.”

These are some of the grave and direct consequences of the Court’s ill-advised but intentional decision on Trump v Slaughter:

1. The Court’s decision, in one fell swoop, gutted independent oversight of the Executive. The modern American administrative state was deliberately constructed so that certain institutions would remain insulated from direct presidential control. Not anymore. These bodies included bureaus like the Federal Trade Commission, the National Labor Relations Board, the Consumer Product Safety Commission, Securities and Exchange Commission, and the  Federal Election Commission. The Court has now declared that the President can remove officials in many of these agencies at will. That means the agencies designed to check presidential misconduct now answer to the President himself. Those independent offices are now at the mercy of Trump’s cronyism and dishonest dealings, since anyone not toeing the Trump line will be gone. In simple, understandable terms, the referee is now subordinate to the player.

2. The Court’s decision in Trump v Slaughter has, overnight, undone Constitutional rule and institutionalized a “Loyalty State”. In her dissent, Sotomayor repeatedly emphasizes that independent agencies have existed until now precisely because certain government functions should not depend on partisan loyalty.

She writes: “For most of this Nation’s history, Congress and the President together have decided that some Government functions should operate at a distance from partisan politics.” The far-right majority of the hijacked Trump Supreme Court has unilaterally reversed that principle. And the practical implications are enormous. A president no longer needs competent administrators. He can simply surround himself with loyalists and sycophants. In other words, the Supreme Court, which is supposed to uphold American traditions and democratic institutions is, instead, adopting Trump’s cronyism and disregard for checks and balances as the new model for presidential empowerment.

This opens the door to systematic purging of career officials who demonstrate independence, and their replacement with individuals whose primary qualification is obedience to the head of state. This is not theoretical. It mirrors the logic of systems historically associated with authoritarian governance, including a patronage State, a one-party bureaucracy, and a personalized executive regime.

In short, the State bureaucracy ceases to serve in accordance with the Constitution and serves, instead, at the pleasure of the ruler.

3. The Court’s decision has also reversed traditional checks and balances. And that is institutionally grave. The entire US constitutional system was designed around one foundational assumption: namely, that power must check power.

Under this effective system, Congress creates institutions, the courts interpret the law, and independent agencies enforce statutory mandates insulated from political interference.

But this ruling kicks over the table on all of this, fundamentally altering the playing rules so that the game is fixed in favor of a single player. In more technical terms, the SCOTUS ruling embraces an extreme version of the so-called “unitary executive theory.” In other words, from now on, Congress can create all of the formerly independent institutions it wants, but, in the end, the Executive has been handed the authoritarian power to dominate them completely. This signifies a direct transfer by the Supreme Court of institutional sovereignty from Congress to the Executive.

In her dissent, Sotomayor warns that the Court has “distort[ed] the structure of Government to fit the majority’s theory of unitary, total executive control.”  And that phrase, “total executive control” is constitutionally devastating. Because once independent institutions are no longer independent, separation of powers implodes and all power is handed to one office.

4. In short, the Supreme Court decision creates fertile conditions for the establishment of de facto dictatorial power. History demonstrates that dictatorships do not usually begin with abolishing elections. They begin, instead, when leaders eliminate independent institutions capable of constraining them. This ruling creates precisely that possibility. A president can now systematically and summarily remove officials who investigate corruption, enforce campaign finance laws, regulate his or her corporate cronies, protect labor rights, prosecute regulatory violations, or resist compliance with unlawful executive orders.

The end result is that this MAGA Supreme Court, through this one ruling, has returned the country to the bad old days of boss rule and “machine politics”. Perhaps the best and most applicable example of this was the Tammany Hall machine run by William “Boss” Tweed in the second half of the nineteenth century in New York. This is the era of rampant corruption and violence so well depicted in Martin Scorsese’s now classic 2002 film Gangs of New York. Under "Boss" Tweed in the 1860s and 1870s, his Democratic Party doled out citizenship, municipal jobs, food, and housing to newly arrived, mostly Irish and Italian immigrants in exchange for unquestioned electoral loyalty. This structure funded massive graft, such as inflating the costs of the new New York County Courthouse by millions of dollars. It was graft so iconic that the building would be commonly known as “the Tweed Courthouse.”

William "Boss" Tweed

The Court has, then, now institutionalized the tools for the recreation of corrupt boss rule, since, thanks to Trump v Slaughter, it is, since that partisan ruling, the president, ironically, who controls the tools that were designed to restrain presidential abuse.

In classic political science terms, this is the very defining characteristic of authoritarian government: Not a formal dictatorship as such, but the intentional re-tooling of the rules, and of the law, so as to foster a functional dictatorship.

5. As devastatingly major as this ruling is, it is actually a complement to the Court’s earlier expansion of presidential immunity, which had basically given Trump impunity to do whatever he wanted and to go unchecked for as long as he and or his regime is in power. Trump v Slaughter, then, cannot be viewed in isolation. It must, rather, be viewed as part of a far-right Court agenda aimed at removing any and all guardrails against dictatorial presidential power.

In the earlier Trump v United States, the same Court granted presidents sweeping criminal immunity for official acts. Famously writing, “With fear for our democracy, I dissent,” Justice Sotomayor warned with unequivocal clarity, “The President is now a king above the law.”

But with Trump v. Slaughter, the Court has doubled down. The 2024 ruling shielded the President from indictment or punishment. The 2026 ruling gives the President power to neutralize institutions that might expose his wrongdoing in the first place.

Together these rulings have established a very dangerous Executive formula:

Immunity from consequences.
Control over investigators.
And, control over the bureaucracy through enforceable vows of loyalty, not to the Constitution, but to the authoritarian ruler.

That combination is the veritable architecture for unchecked executive rule, and it now has the Supreme Court stamp of approval on it.

So there you have it, the combined effects of Trump v United States and Trump v Slaughter have created the perfect storm by which  federal government can now be converted into Trump’s personal political machine. Historically, civil service reform in the United States—especially after the Pendleton Civil Service Reform Act—has sought to end the “spoils system.” It had become a merit system in which government jobs were no longer being used as rewards for personal loyalty. This ruling fully revives that danger, and you can bet that Trump will put it to bad (the worst) use.

A president now has unprecedented constitutional authority to fill key governing structures with ideological loyalists whose allegiance is personal. Loyalty not to Congress, not to the law, not to the American people, but to the person of the president, the individual, not even to his branch of government.

That fundamentally and profoundly changes the democratic nature of the Republic.

Justice Sonia Sotomayor understood perfectly what was at stake in this nefarious decision. Her dissent is not simply a disagreement over administrative law. It is a warning to the American people that the Supreme Court has radically altered the constitutional structure of the United States. By allowing the president to dominate agencies created to remain independent, and as oversight for unbridled Executive power, the Court has enabled something profoundly dangerous: the conversion of our constitutional government into a personalized executive regime—in short, an autocracy.

As Donald Trump—in his delusional state of psychopathic fever—sought ever more seriously to be the most powerful despot in history, many of us said, “Never fear. There are checks and balances in the system that will never allow that to happen.” We were naïve. I was naïve. We did not count on a GOP dominance of Congress or on its total surrender to a tyrant. Nor did we count on a Supreme Court majority whose self-interested loyalty to a despot would prompt it to betray the Constitution and the integrity of American democracy, and to facilitate authoritarian rule.

In practical effect, the Supreme Court has ripped away the power of the institutions meant to investigate, restrain, and regulate presidential abuse and subordinated them to the president’s whim and will. The corrupt Supreme Court majority has, in a very real and tangible sense, betrayed the democratic history and traditions of the United States, and granted Trump all of the raw authority necessary to make his life-long wet dream of unchecked and unlimited personal power and impunity come true.

And we are all the worse for it.