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this post was submitted on 16 Sep 2025
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Yep, straight to SCOTUS.
The thing that makes the outcome suspenseful is that Gorsuch and Kavanaugh have been signalling "but not the Fed" when they're attacking agency independence. Probably because they have stock portfolios.
So it seems like they may try to carve some distinction that saves the Fed from the same fate as the FTC, CFPB, NRLB, and merit protection board. It's not at all clear what's that might be.
Can’t imagine what Frankenstein interpretation of the law would allow for that. If you believe in the unitary executive, then it should unitary.
That said, Gorsuch in 2019 gave his full throat endorsement of unitary executive in Gundy. Kavanaugh also joined the court at the time and while he didn’t take part Gundy, he later signaled his support of Gorsuch’s take.
Which begs the question… it’s been six years and they haven’t put their money where their mouth is. Maybe they’re ready now — but I agree with you, it’s felt a little like they might be worried about the consequences of what a unitary executive would mean.