In this week’s episode, we (Gary Gensler and Simon Johnson) discuss key rulings by the U.S. Supreme Court during its most recent term.
Following up on our Episode Ten: Why Does the Rule of Law Matter?, we focus on how the Court’s recent decisions impact American institutions. Has the rule of law been strengthened or undermined? Is democratic participation likely to become more or less inclusive?
Many of the term’s decisions are likely to have profound economic consequences, including:
Expanding Presidential power by allowing presidents to fire members of agency boards and commissions; while preserving, for now, some independence for monetary policy. For more see 'Presidential Supremacy Over Administrative Agencies' written by Gary and Lev Menand (CEPR Press) last December in anticipation of such a ruling.
Ruling against an executive order that sought to end birthright citizenship, while allowing in other immigration related decisions: a) presidents to end individual’s temporary protected status, b) asylum seekers to be turned back at the border, and c) green card holders to be denied readmission to the U.S. without the need to show ‘clear & convincing’ evidence of crimes.
Removing limits on coordinated political campaign finance and making it harder to claim Congressional maps violate the Voting Rights Act.
Ruling against the President on the use of a fifty year old emergency law to impose tariffs (one of the key components to justify the tariffs initially imposed in 2025)
It’s often said that the Supreme Court is a never ending constitutional convention, albeit whose nine members have lifetime appointments. Does the composition and inclination of the US’s current rolling ‘Constitutional Convention’ suggest that we are in a period of weakening institutions — compared to what has previously prevailed? Or is today’s Supreme Court a reminder that US institutions remain robust, with effective limits on executive power in modern America? Listen to this week’s episode to hear Gary & Simon’s take on these important questions.
