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00:00did not explain their ruling and we've seen a lot of reporting in recent weeks about lower court

00:04judges and um their confusion with the supreme court just like everyone else and uh there's a

00:10hearing in a few weeks where the just district court will review um you know whether these

00:15individuals can be uh considered in a class of individuals for this lawsuit and now the district

00:23court doesn't really i'm not sure how they're going to interpret this and we have seen the

00:27supreme court kind of snap back at the lower court judges when they don't rule in a way that the

00:33justices approve of or think is appropriate so it really puts the district court judges in kind of a

00:38bind as well yeah kind of a lack of explanation and also vagueness including what kavanaugh said is

00:45common sense criteria about what ice can do but there's also questions about the use of force

00:50or restraint was there any clarity on that no i don't really think we got any um clarity on that

00:58i think justice kavanaugh said that if um there was excessive force that there were remedies

01:04i don't think he clarified uh what those remedies would be um so that's we will kind of have to

01:10figure that out as we go is there anything else in your eyes kelsey that will come of this what's next

01:17for this complication about these immigration raids about the roving raids that will take place what's

01:23next i i mean i think this does really embolden the administration knowing that the supreme court

01:30uh ruled in their favor whether they believe that they are right on the merits of this issue

01:36or um you know whatever comes next uh there's a lot of discussions about where these rates will go

01:42next uh you know besides la so i i think that that really gives the administration some backing

01:49um where they can you know uh have some confidence in their actions there at least and this leads me

01:55into my next question because we're talking about another decision from the supreme court this one

01:59coming down from the chief justice about the ftc is obviously on social media you posting chief

02:04john roberts there handed president trump a temporary win on monday allowing him to terminate

02:09a federal trade commission member for now despite nearly a century of precedent when you're talking

02:15about this president how long are we talking about and you can you give me some understanding of what

02:20you mean by that yeah so humphreys executor versus um united states was decided in 1935 and this ruling

02:29basically protected these independent board members um on these agencies like the ftc and it said that they

02:36can't be fired um without cause if they don't uh you know if if they're not uh doing something that

02:42would be uh you know uh unlawful or you know uh unethical in their positions they can't just be fired

02:50uh because the president doesn't like them at least until now um there have been a lot of um you know

02:56cutting back on that precedent in recent years um in the over the last even just decade uh with the

03:01roberts court and then over the last few months on the emergency docket we've seen uh the roberts

03:07court really allow trump to fire all of these um independent board members kind of at will um even

03:14if it's just on a temporary basis and so what chief justice justice john roberts did today was he issued

03:20an administrative stay on an application that trump filed last week and so this allows him to terminate uh the

03:27democratic uh ftc board member for now um we will see what the full court decides but um this allows

03:36trump to fire her for now until the full court reviews this petition and how long could that take

03:42because we're talking off camera about this is usually a slow time for the supreme court and i know

03:47the last decision we're talking about la raid saying this was very pertinent a very timely one

03:52could we be waiting some time for this decision for these questions to come back and then

03:57the supreme court to make another ruling on this temporary halt so it's interesting um usually

04:02emergency applications are dealt with maybe a week or two at the most um we've seen in recent

04:08months though that the supreme court is taking a little bit longer whether that be uh to write

04:14dissents or a few majority opinions we don't really know what happens behind the scenes on those but they

04:19are taking a lot longer um the immigration ruling that we talked about took a few weeks and uh which is

04:25really rare for the emergency docket uh we do know that the uh ftc commissioner who is now terminated

04:33uh she is filing her brief at the supreme court on september 15th and then um they will go from

04:40there who it's it's hard to say when they will decide um i think it's a matter of weeks not months

04:45but um hopefully in the next few weeks we should know and you talked about how the independence of the

04:51fdc is important and we've talked about that quite a bit here on live now from fox not necessarily

04:55about them but about the federal reserve and i know the supreme court has kind of said that they

05:00are slightly different but is that concerning in terms of people watching an independent agency like

05:06the fdc now potentially could go the way with the fed reserve because trump has been notable about

05:11getting ready rid of some people at the fed reserve yeah i i do think it is um you know even though

05:18the supreme court has cut back on this precedent um in many rulings before this is a direct challenge

05:24to humphreys um the humphreys also uh involved in ftc commissioner it's the same statute that uh

05:33the original plaintiff was fired under so these are very very similar cases and uh so it's seen more

05:39as a direct challenge than maybe some of the others and while the supreme court has tried to distinguish

05:44the federal reserve from other agencies um you know if they're willing to do this with the ftc it's

05:51just kind of another um you know indication that they might be willing to do so for the federal reserve

05:56we will see maybe maybe they create some kind of way to distinguish the two but um it is another sign

06:03that that may be possible and when we're talking about the fed reserve people have a good understanding

06:08of why president trump is going after them because he wants the interest rate cuts he wants those basis

06:13points uh kind of to go down in that direction do we know why in particular he was going after the

06:18fdc is there any reason or impact that he hopes to get out of that you know in his briefing at the

06:25supreme court he said that you know not allowing not being able to have his um appointees who have his

06:32point of view um usurped his executive authority um it wasn't uh specific on on what exactly that would mean um

06:44since there's only one democratic commissioner left um she doesn't really have the authority to make

06:50any change by herself which is really her argument for staying on that you know as the sole democratic

06:57commissioner on the um on the commission she she can't make any decisions by herself she can't really

07:02uh in have any impact alone so um while that was her argument so far seems the supreme court uh at least for

07:11now favored trump's view that he needs uh you know that he needs uh you know ability to uh enact his

07:23executive agenda all right very good kelsey reichman with courthouse news thank you so much for joining

07:28us anything else because obviously we touched on those two top storylines anything else that came out

07:33of the supreme court that came down today uh that you want to note uh we also did get

07:38another application from uh the trump administration in the foreign aid funding case this will be the

07:44third time that this case comes up to the supreme court um but definitely a very big moment in the

07:50president's fight to uh have more control over over federal funding um this is also kind of involving

07:58congress and that pocket precision that's been uh thrown around so uh definitely something to be

08:04watching as the supreme court makes these decisions yeah definitely a flurry of headlines

08:09today it's hard to keep up with uh so many of them thank you so much great insight great perspective

08:14i appreciate you breaking it down here on live now great thank you so much for having me all right

08:18thank you so much all right great conversation as always and as we have just passed into six o'clock on

08:23the east coast a live look right now they're in washington dc at the white house so a busy day a flurry of

08:30news in terms of that supreme court they didn't give a ton of explanation as they ruled and cleared

08:37the way for federal agents to conduct sweeping immigration operations in los angeles a six to three

08:43decision lifting a restraining over from a judge who found that roving patrols were conducting

08:49indiscriminate arrests in los angeles the order has barred agents from stopping people solely based on race

08:54religion and location also a temporary ruling as the supreme court allowed president trump to fire

09:02a member of the federal trade commission despite law federal law that intended to restrict the

09:07white house's power to control that agency the court via an order from the chief justice john roberts

09:13temporarily blocked a judge's ruling that reinstated rebecca kelly slaughter while the case continues

09:20the order did not to definitively signal how the court would address the emergency request

09:24made by the trump administration to give the president broader authority to fire independent agency

09:29members without cause i'm indy mack we're back after this

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