Sotomayor Slams 'Radical' Theory Expanding Presidential Power - Bloomberg Law News

Theory Briefing

• Sotomayor took the rare step of reading her dissent aloud from the bench, signaling deep disagreement with the six conservative justices.
• The dissent targets the unitary executive theory, which holds that the president has sweeping control over the entire executive branch.
• The conservative majority's embrace of this theory could reshape how much independence agencies and officials have from presidential removal.
• The case puts two competing visions of executive power directly against each other — broad presidential control versus institutional checks within the branch.