With all of the justifiable disappointment in the Supreme Court’s term-concluding decisions on birthright citizenship and mail-in ballots, one could be forgiven for overlooking the significance of the blow it dealt to the administrative state. While there are some important qualifications which I will go on to explain, the Court in Trump v. Slaughter strongly embraced the American Founders’ principle of unity in the executive branch. It repudiated the idea that parts of the federal bureaucracy should be free to wield executive power independent of the president and the voters who elect him.
The Court’s ruling in Slaughter and in a series of related cases leading up to it marks a restoration of democracy, not an assault on it. After all, how can it be an assault on “our democracy” to take power from those who are unaccountable to voters and give it, instead, to the only official for whom the entire nation votes?