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John Roberts: Presidents Have Executive Power. Also John Roberts: No, They Don’t, by John C. Eastman – Brown Pelican Society of Lousiana

John Roberts: Presidents Have Executive Power. Also John Roberts: No, They Don’t, by John C. Eastman

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Supreme Court Chief Justice John Roberts. This file is licensed under the Creative Commons Attribution 2.0 Generic license... You are free: to share – to copy, distribute and transmit the work ... Wikimedia

By John C. Eastman, The Federalist, June 29, 2026

Dr. John Eastman is a senior fellow at the Claremont Institute and director of the Institute’s Center for Constitutional Jurisprudence. On behalf of the Institute, he filed an amicus curiae brief in the Slaughter case, urging the court to overrule its New Deal-era precedent, Humphrey’s Executor.

Taken together, Cook and Slaughter reveal a chief justice once again attempting to split the baby between constitutional principle and institutional pragmatism.

Just minutes apart Monday morning, Chief Justice John Roberts handed down two of the most consequential separation-of-powers opinions of the Supreme Court’s October 2025 term.

In one, he overruled one of the New Deal’s foundational precedents and dramatically restored presidential control over the executive branch. In the other, he preserved the independence of the nation’s most powerful economic institution by denying the president authority to remove a Federal Reserve governor at will. Both opinions were written by Roberts. Both relied heavily on history. And taken together, they reveal a chief justice once again attempting to split the baby between constitutional principle and institutional pragmatism. …

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