Episode Details

In this episode of Unwritten Law, Mark and John dive into the Supreme Court’s emergency order in Trump v. Boyle, a little-noticed but potentially seismic moment in administrative law.

What happens when the President fires commissioners from an “independent” agency—and lower courts try to put them back in power? The hosts unpack the chaos at the Consumer Product Safety Commission, the unresolved fate of Humphrey’s Executor, and the broader implications for executive authority, judicial remedies, and agency structure. From district court blunders to Justice Kagan’s warning and Justice Kavanaugh’s push for fast-track review, this episode explores how the Court is reshaping the balance of power in Washington—one emergency docket at a time.

Stay tuned to learn why remedies matter, why norms are collapsing, and how bureaucrats refusing to step down might provoke the very precedent that ends their independence.