In Pung v. Isabella County (No. 25-95), the Supreme Court is considering whether the Takings Clause requires governments to compensate property owners based on the fair market value of their property following a tax foreclosure, rather than limiting compensation to the proceeds generated by the foreclosure sale. The case also asks whether the government’s retention of the difference between the property’s alleged fair market value and the amount realized at auction may implicate the Excessive Fines Clause of the Eighth Amendment. The dispute arises from a foreclosure in which the property was sold for less than its asserted market value, raising questions about whether constitutionally “just compensation” turns on market value or the results of the auction-priced foreclosure process itself.Continue Reading Supreme Court to Determine the Limits of State Powers in Tax Foreclosures
Supreme Court Considers the Limits of Presidential Removal Power Over the Federal Reserve
In Trump v. Cook, the Supreme Court is considering whether to stay a district court order that prevents the President from removing Federal Reserve Board Governor Lisa Cook. Although the case reaches the Court at the preliminary-injunction stage, it raises a significant structural question: how far presidential removal power extends over officials serving in congressionally-designed independent institutions such as the Federal Reserve.Continue Reading Supreme Court Considers the Limits of Presidential Removal Power Over the Federal Reserve
Supreme Court To Determine Whether the President Can Remove Members of Multi-Member Federal Agencies
On December 8, 2025, the Justices heard oral argument in Trump v. Slaughter (No. 25-332). The Supreme Court plans to decide (1) whether the statutory removal protections for independent, multi-member federal agencies violate the separation of powers (and, if so, whether the Supreme Court should sack its 1935 decision in Humphrey’s Executor v. United States) and (2) whether the judiciary has the power to prevent one’s removal from public office.Continue Reading Supreme Court To Determine Whether the President Can Remove Members of Multi-Member Federal Agencies
Supreme Court Weighs Extent of President’s Authority to Impose Tariffs During Proclaimed National Emergencies
On November 5, 2025, the Supreme Court heard oral argument in Learning Resources v. Trump, consolidated with Trump v. VOS Selections (consolidated as No. 24-1287) to consider whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose trade tariffs pursuant to declared national emergencies. If the Court concludes that the tariffs are statutorily authorized, the Justices will then decide whether the tariffs constitute an unconstitutional delegation of legislative authority to the President. So far, this is the most important case the Justices have agreed to hear this term.Continue Reading Supreme Court Weighs Extent of President’s Authority to Impose Tariffs During Proclaimed National Emergencies