Judy Gilford
on December 9, 2025
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🚨 SCOTUS SMACKDOWN: JUSTICE GORSUCH CORNERS FTC LAWYER IN TRUMP v. SLAUGHTER
During oral arguments over President Trump’s authority to fire an FTC commissioner, Justice Neil Gorsuch delivered a constitutional masterclass — and the attorney arguing against presidential power had nowhere to go.
Gorsuch hit him with the simplest question imaginable:
“So even some quintessentially executive functions, in your view, are not vested in the president of the United States?”
Amit Agarwal — attorney for fired FTC commissioner Rebecca Slaughter — immediately started stumbling:
“I would not say that… I would not put it in this… I would not say that that… Yes, I would say they’re not…”
Gorsuch stopped him cold:
“I think you have to say yes to that, based on what you’ve just given us.”
Cornered, Agarwal was forced to admit:
“They are not constitutionally committed to the person of the president and to his sole and exclusive discretion.”
In other words:
He argued that even core executive powers don’t belong to the President.
This is why he was fumbling — because there is no coherent argument that supports this.
🔥 Textbook SCOTUS trap:
Agree → Your entire case collapses.
Disagree → You claim a wild, ahistorical theory that rewrites the Constitution.
And that’s exactly what happened.
The Constitution could not be clearer:
“The executive Power shall be vested in a President of the United States.”
Not in agencies.
Not in commissions.
Not in unelected boards insulated from accountability.
If even “quintessentially executive” powers aren’t vested in the President…
Then who is actually running the country?
This case may become the moment the Supreme Court finally reins in the runaway “independent agencies” that operate like a fourth branch of government.
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