Courts & Litigation Executive Branch

Lawfare Daily: What the Supreme Court Said About the President's Power Over Independent Agencies

Natalie K. Orpett, Nick Bednar, Jen Patja
Thursday, July 2, 2026, 7:00 AM

Breaking down the Supreme Court's opinion in U.S. v. Slaughter.

On today's podcast, Executive Editor Natalie Orpett talks with Nick Bednar, a professor at the University of Minnesota Law School and a contributing editor at Lawfare. They talk about two Supreme Court cases issued last week that will have a huge impact on the president's authority over agencies that Congress set up to be independent. In Slaughter v. Trump, the Court held that the president has the power to remove members of independent agencies who had previously been understood to have employment protections that forbade the president from firing them. In Cook v. Trump, the Court carved out a special exception to that rule for the Federal Reserve. They discuss Nick's recent article for Lawfare, what the opinions say, what they fail to say, and what it means for the workforce that makes the federal government function.


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Natalie Orpett is the executive editor of Lawfare and deputy general counsel of the Lawfare Institute. She was previously an attorney at the law firm Jenner & Block, where she focused on investigations and government controversies, and also maintained an active pro bono practice. She served as civilian counsel to a defendant in the Guantanamo Military Commissions for more than eight years.
Nicholas Bednar is an associate professor of law at the University of Minnesota Law School. He writes in the areas of executive politics, administrative law, and immigration. He holds a PhD in political science from Vanderbilt University and a JD from the University of Minnesota Law School.
Jen Patja is the editor of the Lawfare Podcast and Rational Security, and serves as Lawfare’s Director of Audience Engagement. Previously, she was Co-Executive Director of Virginia Civics and Deputy Director of the Center for the Constitution at James Madison's Montpelier, where she worked to deepen public understanding of constitutional democracy and inspire meaningful civic participation.
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